McLean

BACKGROUND

In 1974, the McLeans subdivided their property into four lots, keeping two of the lots and selling the other two. One lot was purchased by Donelle-Norell Properties, LLC (Donelle). In 2008, Donelle filed a quiet title and easement action against the McLeans related to an unpaved roadway which was the only access to the lots. In January 2010, Donelle and the McLeans signed a settlement agreement (Agreement) with a provision for attorney fees. The attorney fees provision states: “Should any party institute an action or proceeding to enforce any provision of this Agreement, or for damages by reason of alleged breach of this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including attorneys’ fees, incurred in connection with such action, including those incurred on appeal and in enforcing a judgment.”

2 Several years after Donelle and the McLeans signed the settlement agreement, the Donelle property was bought by the Rosmans. In 2016, the McLeans filed a complaint against the Rosmans, alleging a breach of the 2010 settlement agreement between the McLeans and Donelle. The Rosmans successfully obtained summary judgment in that action on…