Do I Have Standing To Bring A Declaratory Judgment Action?

Ohio

Unambiguous Contract Language

Lake Breeze Condo. Homeowner's Ass'n v. Eastlake Ohio Developers, LLC, 11th Dist. Lake No. 2022-Ohio-3002.

In this case the Eleventh Appellate District affirmed in part and reversed in part a trial court's decision granting judgment to a Home Owner's Association on its complaint for damages. Regarding a claim for interim road contribution fees, the court found the plain language of a temporary easement did not permit recovery of such fees.

The Bullet Point: In a breach of contract action, the parties are bound by the express terms of a contract. "In construing a written instrument, the primary and paramount objective is to ascertain the intent of the parties to give effect to that intent." "When the terms of a contract are unambiguous, courts will not, in effect, create a new contract by finding an intent not expressed in the clear language employed by the parties." "If a contract is clear and unambiguous, the court need