YORK COUNTY et al.
PROPERTYINFO CORPORATION, INC.
Argued: December 11, 2018
R. Libby, Esq., and Keith P. Richard, Esq. (orally), Libby
O'Brien Kingsley & Champion, LLC, Kennebunk, for
appellant York County and York County Registry of Deeds
W. Sparks, Esq. (orally), and William J. Kennedy, Esq.,
Drummond & Drummond, LLP, Portland, for appellee
Propertyinfo Corporation, Inc.
ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.
York County and the York County Registry of Deeds
(collectively, York County) appeal from a judgment of the
Superior Court (York County, O'Neil, J.)
granting summary judgment to Propertyinfo Corporation, Inc.
on York County's complaint alleging breach of contract
and unjust enrichment. The action was based on
Propertyinfo's failure to digitize and make accessible
all documents filed with the York County Registry of Deeds
between 1940 and 1965. York County asserts that the court
erred in its determination that its claims were barred by the
statute of limitations. We affirm.
The following facts are taken from the parties' supported
statements of material fact, viewed in the light most
favorable to York County as the nonprevailing party. See
Pushard v. Bank of Am., N.A., 2017 ME 230, ¶ 13,
175 A.3d 103.
On December 3, 2003, York County and Landata, the
predecessor-in-interest to Propertyinfo, entered into a
contract-called a "master agreement"-for Landata to
digitize and make available to the Registry and the public an
indexed collection of registered documents. The contract
required Landata to provide the Landscan System and Services
(LSS), comprising hardware, software, and services
components. Listed among the "SERVICES" to be
supplied was "Conversion of Existing
The contract did not specify any implementation deadlines
other than that Landata "will work with [York County] to
develop a mutually agreeable implementation schedule for the
LSS," and that the contract was to "remain in
effect until Agreement expires, or until terminated for
breach of contract." The term of the contract was
"five (5) years, beginning on the date documents are
processed through the LSS," but could "be renewed
for any length of time upon written mutual agreement of both
parties." On May 2, 2005, York County and Landata
entered into an "Equipment/Software Contract
Supplement" by which Landata agreed to provide the
Professional services to include:
- Create and enter an index for the images created from
microfilm. Indexed data and images will be imported into the
Registers' [sic] on site database and the
Registers' [sic] Internet database. The
following fields will be indexed: (1940-1965)
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