Lone Moose Meadows, LLC v. Boyne USA, Inc.
In 2002, Lone Moose Meadows, LLC (LMM) and Boyne USA, Inc. (Boyne) entered into an agreement wherein LMM would construct a ski lift and pay Boyne to operate it. The agreement stated that LMM shall be required to make depreciation payments for operating expenses. In 2008, Boyne filed suit for breach of contract based on LMM’s failure to make depreciation payments. In response, LMM argued that it was not obligated to make depreciation payments until Boyne owned the lift. The district court granted summary judgment in favor of Boyne. LMM appealed but also paid $634,328 to Boyne, satisfying the judgment. While the appeal was pending, LMM filed an action alleging that Boyne had engaged in wrongful collection efforts with respect to the first judgment. Boyne counterclaimed for breach of contract, asserting that LMM now owed depreciation expenses for the 2009-10, 2010-11, and 2011-12 ski seasons. LMM later voluntarily dismissed the wrongful collection claim. The district court granted summary judgment for Boyne on the counterclaim. The Supreme Court affirmed, holding that the district court properly allowed Boyne to pursue successive claims for breach of contract, and LMM’s argument that Boyne’s claims were barred by claim preclusion was unavailing. View "Lone Moose Meadows, LLC v. Boyne USA, Inc." on Justia Law