Stiles Family Ltd. v. Riggs and Stiles, Inc.

2016 WL 6819788 (2016)

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Stiles Family Ltd. v. Riggs and Stiles, Inc.

West Virginia Supreme Court of Appeals
2016 WL 6819788 (2016)

SC
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Facts

The lessees signed a lease with the landlord, agreeing to farm certain land. The lease limited the lessees’ use of the land to agricultural uses. The lessees discussed using the land for a music festival. Because of these discussions, Walther Productions applied to the Jefferson County Board of Zoning Appeals, seeking a permit to hold the music festival on the land. When the landlord objected to the application, Walther Productions withdrew it. In the end, the music festival did not take place. The lessees continued farming the land throughout these events. The landlord sued the lessees for breach of the lease. The circuit court ruled that the filing of the permit application alone did not constitute a breach of the lease. The court thus granted the lessees summary judgment. The landlord appealed, claiming that the lessees anticipatorily breached the lease.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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