Bishop Arbors, LLC v. Meadowcreek Mutual Water Co. CA4/2

INTRODUCTION

This case arises from defendant Meadowcreek Mutual Water Co. (MMWC)

refusing to provide plaintiff Bishop Arbors LLC (Arbors) with water services, which

Arbors needed to develop its property. Arbors originally filed a complaint against

MMWC for breach of contract, based on five letters written in 2002 and 2005. Arbors

amended the complaint to allege MMWC’s claims were instead based on two 1997

annexation agreements (1997 Agreements) entered into between MMWC and previous

owners of Arbors’s property. The fifth amended complaint became the operative

complaint.

Arbors appeals from summary judgment and an order sustaining a demurrer to the

fourth cause of action of the fifth amended complaint, in favor of defendants MMWC and

MMWC board of directors members, Andrew Holmes and James Orr (referred to

collectively as defendants). The trial court determined that Arbors had no enforceable

rights to water under the 1997 Agreements.

Arbors contends the trial court erred in finding there was no express assignment of

the 1997 Agreements to subsequent property owners and Arbors could not enforce the

1997 Agreements because they were never recorded. Arbors also argues…