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LLC v. Wise Bussiness forms, Inc.

Supreme Judicial Court of Maine

December 18, 2014

2301 CONGRESS REALTY, LLC
v.
WISE BUSINESS FORMS, INC

Argued: September 10, 2014.

Judgment affirmed.

On the briefs: Brendan P. Reilly, Esq., Jensen Baird Gardner & Henry, Portland, for appellant Wise Business Forms, Inc.

Jennifer S. Riggle, Esq., and Robert P. Hayes, Esq., Germani Martemucci Riggle & Hill, Portland, for appellee 2301 Congress Realty, LLC.

At oral argument: Brendan P. Reilly, Esq., for appellant Wise Business Forms, Inc.

Jennifer S. Riggle, Esq., for appellee 2301 Congress Realty, LLC.

Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

SAUFLEY, C.J.

[¶1] This appeal arises from a lease dispute between landlord 2301 Congress Realty, LLC, and tenant Wise Business Forms, Inc., and the parties' resolution of that dispute in a settlement agreement reached through mediation. Wise appeals

Page 1132

from a judgment entered in the Superior Court (Cumberland County, Warren, J.) denying its motion for summary judgment on its counterclaim for enforcement of the settlement agreement. Because 2301 Congress has signed an agreement reflecting all of the terms of the settlement reached through mediation, we affirm the court's determination that the counterclaim seeking to enforce the settlement is moot.

I. BACKGROUND

[¶2] From May 2002 to May 2012, Wise leased from 2301 Congress business premises located at 2301 Congress Street in Portland pursuant to a written lease. In July 2012, 2301 Congress filed a complaint in the Superior Court alleging that Wise had breached maintenance and repair provisions contained in the lease and that Wise had converted three humidifiers that were affixed to the property. Wise filed an answer denying these allegations and asserted a counterclaim for breach of contract, alleging that 2301 Congress had failed to perform certain repairs and maintenance required by the lease.

[¶3] On November 1, 2012, Robert Willis (owner of 2301 Congress) and Charles Teets (chief operating officer and general counsel for Wise) appeared with counsel at a mediation before a private attorney. After the mediation, the mediator ...


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