John M. Niehaus, Inc. v. TDGGC, L.L.C.

Citations

• 2025 Ohio 1722

Syllabus

SUMMARY JUDGMENT — BREACH OF CONTRACT — SETTLEMENT AGREEMENT — AMENDED COMPLAINT: Where plaintiff company sued defendant company for breach of contract, alleging that defendant company had violated the parties' settlement agreement providing that no more than 212 units were to be built on certain development property, the trial court did not err by granting defendant's motion for summary judgment and denying plaintiff's motion for summary judgment where there was no genuine issue of material fact: there was no dispute that future purchasers of the development property were bound to the terms of the settlement agreement and no dispute that defendant company had not built more than 212 units but instead had sold the development property to a third-party, who had then built over 212 units. The trial court did not abuse its discretion in denying plaintiff's motion for leave to file a third amended complaint where plaintiff's new claims were based on an allegation that was found to not be supported in the record during the summary-judgment proceedings.