01-0482 Marlin Easttown L.L.C., et al. v. Shopko Stores Inc., et al.

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Shopko Stores Inc. appeals and Marlin Easttown Mall L.L.C. cross-appeals from a summary judgment involving a Reciprocal Easement Agreement and a Pylon Sign Agreement. The circuit court granted summary judgment to Marlin after determining that the easement agreement restricted the placement of Shopko’s lawn and garden center to one specified location in Shopko’s parking lot, and that Marlin was permitted to expand the mall under the agreement without Shopko’s consent. The court also granted summary judgment to Shopko after determining that Shopko’s authorization allowing Aldi Inc., to use the pylon sign did not constitute a violation of the sign agreement between Marlin and Shopko.

We reverse the circuit court’s grant of summary judgment determining that Shopko’s lawn and garden area is restricted to one area in the parking lot. We conclude that the terms of the easement agreement are ambiguous. Therefore, we remand for further proceedings.

We affirm the circuit court’s grant of summary judgment determining that Marlin is permitted to expand the mall without Shopko’s consent under the easement agreement and that Shopko’s authorization allowing Aldi to use the pylon sign did not violate the sign agreement.

This opinion will not be published.

Dist III, Brown County, Dietz, J., Per Curiam

Attorneys:

For Appellant: Jerome E. Smyth, Bryan K. Nowicki, Green Bay

For Respondent: Randall L. Gast, Green Bay