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Lakeside Invs. Group Inc. v. Allen

A broker's alleged misrepresentations about the zoning status of certain property could not serve as basis for a fraud action because the property's zoning status was a matter of law and public record.

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Representing landowners seeking to sell their property, Briggs Allen told Lakeside Investments Group that the piece of property was zoned entirely for office and industrial use O & I, when in fact only the front portion was so zoned. Lakeside purchased the property for office use and did not learn the true zoning status of the property until it applied for a building permit. Lakeside sued Allen for fraud, and the trial court granted Allen summary judgment on the ground that zoning status is a matter of law and therefore representations concerning such cannot serve as a basis for fraud.1 We agree with the trial court and affirm.

On appeal of a grant of summary judgment, we review the evidence de novo to determine whether the trial court erred in concluding that no genuine issue of material fact remains and that the movant was entitled to judgment as a matter of law.2 We construe the evidence in favor of the non-movant.3

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