The plaintiff purchased a landlocked commercial property with the intention of developing it.
The property abutted a Home Depot, which had a site plan control agreement with the City requiring it to negotiate a reciprocal access agreement with the abutting property owner if required.
The plaintiff sued the City and Home Depot, alleging they frustrated its development by delaying or denying access, claiming negligence, nuisance, breach of contract, and proprietary estoppel.
The defendants moved for summary judgment.
The court granted the motions and dismissed the action, finding that many of the plaintiff's claims were not properly pleaded, the City owed no duty of care to preserve access, no negligent misrepresentations were made, and Home Depot acted in good faith in negotiating the access agreement, which was inherently complex and conditional.