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York County v. Propertyinfo Corporation, Inc.

Supreme Court of Maine

January 24, 2019

YORK COUNTY et al.
v.
PROPERTYINFO CORPORATION, INC.

          Argued: December 11, 2018

          Gene 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

          Andrew W. Sparks, Esq. (orally), and William J. Kennedy, Esq., Drummond & Drummond, LLP, Portland, for appellee Propertyinfo Corporation, Inc.

          Panel: ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          PER CURIAM.

         [¶1] 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.

          I. CASE HISTORY

         [¶2] 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.

         [¶3] 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 Indexes."[1]

         [¶4] 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 following:

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)
Book/Page
Grantor/Grantee
Town
Instrument type
Related Documents (Book/Page ...

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