Robinson

MEMORANDUM **

Defendants Constance Robinson, Chester Robinson, Evelyn Robinson, Michael Robinson and the estate of William “Bill” Robinson (collectively “the Robinsons”) appeal the district court’s grant of summary judgment in favor of plaintiffs Principal Life Insurance Co., Petula Associated, Ltd. and Equity FC, Ltd. over the proper interpretation of a 99-year ground lease and subsequent rejection of the Robinsons’ counter-claims for reformation following a bench trial. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

The district court did not err in concluding that the ground lease unambiguously provides that only the percentage will be reassessed in the 31st and 61st years. Section 2.1 of the lease repeatedly specifies $22,000 as the per-acre price, states in clear terms that the percentage will be reassessed in the 31st and 61st years and does not provide that the underlying land value will also be reassessed. Although the word “Initial” could mean that the per-acre cost might change from $22,000, no language in Section 2.1 can be read to require such change in the 31 st and 61 st years as a result of reassessment of the land’s fair market value. Although the…