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Vasche v. John Wieland Homes Inc.

Homeowners' 1991 agreement releasing developer from claims arising out of its prior grading activities did not bar homeowners' 1995 suit against developer for subsequent grading activities.

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Steve and Tyra Vasche appeal the trial court’s grant of summary judgment to John Wieland Homes, Inc. on their claims for damages and injunctive relief. The issue is whether the trial court properly interpreted a 1991 release agreement between the Vasches and Wieland to bar the instant action. We find the release is ambiguous whether the parties intended it to bar subsequent actions such as this. Accordingly, we reverse the grant of summary judgment.

The Vasches are homeowners, and Wieland is the developer of a subdivision on property bordering the Vasches’. In 1990, the Vasches filed suit against Wieland, claiming that Wieland’s grading activities had altered the drainage pattern for the area and caused water, silt and mud to flow onto their property. They asserted that they suffered damage to their home, driveway and other structures and diminished ability to use and enjoy their property.

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