A-23-0165, Peggy Cline and Naked Maiden’s Falls, LLC (Appellees) v. Lee Simmons (Appellant) and Kristopher Qualley
District Court for Cherry County, Judge Mark Kozisek
Attorneys for Appellant: Bartholomew L. McLeay and Dwyer Arce (Kutak Rock LLP)
Attorney for Appellees: Andrew D. Weeks and J. Michael Hannon (Baylor Evnen Wolfe & Tannehill, LLP) and Aisha Carr
Civil: Right of First Refusal
Action Taken by Trial Court: Following a jury trial, the district court granted Appellee Peggy Cline’s request for specific performance as to a right of first refusal she possessed in real property which had recently been purchased by Appellant. The district court found that Cline had not been provided with sufficient notice of the sale to Appellant pursuant to the terms of the right of first refusal and that, as a result, the land should be transferred to her upon receipt from her of consideration consistent with the terms and conditions of the sale to Appellant.
Assignments of Error on Appeal: On appeal, Appellant asserts that the district court erred in finding that Cline had never received proper notice of the terms and conditions of his offer; in concluding that Appellant’s purchase of a separate property, unrelated to Cline’s right of first refusal, could not be “bundled” with the purchase of the property with the right of first refusal so that Cline had to purchase both properties in order to exercise her right; and in denying his counterclaim to quiet title of the property in his name.