Argued: September 30, 2014.
Appeals from the Superior Court of the District of Columbia. (CAR-3370-08). (Hon. Natalia Combs-Greene, Trial Judge).
Seann P. Malloy for appellants Nayereh Sahrapour and George Beheshtian.
Mikhael D. Charnoff, with whom Douglas P. Rucker, Jr. was on the brief, for appellants Robert W. Haas, Haas & Associates, P.C., and Sovereign Title Company.
David H. Cox, with whom Christopher A. Glaser was on the brief, for appellee LesRon, LLC.
Benjamin A. Klopman, with whom Laurance J. Ochs was on the brief, for appellee Shaw Centre, LLC.
Before BECKWITH and MCLEESE, Associate Judges, and NEWMAN, Senior Judge. OPINION by Associate Judge MCLEESE. Dissenting opinion by Senior Judge NEWMAN at page 27.
McLeese, Associate Judge:
Appellants Nayereh Sahrapour, George Beheshtian, Robert Haas, Haas & Associates, P.C., and Sovereign Title Company appeal from orders granting summary judgment to appellees Shaw Centre, LLC and LesRon, LLC and vesting title to a disputed alleyway in LesRon. Appellants claim that Ms. Sahrapour purchased the disputed alleyway from Shaw Centre and that Shaw Centre acted unlawfully by subsequently purporting to sell the alleyway to LesRon. The trial court held that both the purchase agreement between Ms. Sahrapour and Shaw Centre and a subsequent deed were unambiguously contrary to appellants' claim. The trial court therefore refused to consider extrinsic evidence as to the meaning of those documents. We find both the purchase agreement and the deed to be ambiguous. We therefore remand to the trial court for further proceedings.
The following facts are undisputed. Shaw Centre owned two adjacent buildings, one at 1230 9th Street, N.W. and one at 1232 9th Street, NW. An alleyway that is approximately four feet wide runs between the buildings. In May 2006, Shaw Centre agreed to sell 1230 9th Street to Ms. Sahrapour. Attorney Robert Haas represented Ms. Sahrapour in the transaction. The purchase agreement states that 1230 9th Street consisted of " approximately 3,027 square feet of land . . . legally described as Lots 878, Block/Square 0368, Map 40 C." The property located at 1230 9th Street measures 3,026.4 square feet when the alleyway at issue is included and 2,777.5 square feet when the alleyway is excluded. The purchase agreement further states that it is binding and that " the provision hereof shall survive the execution and delivery of the deed aforesaid and shall not be merged therein."
Mr. Haas prepared the deed for the sale of 1230 9th Street. The deed states that Shaw Centre conveyed to Ms. Sahrapour " Lots 21 and 28 in Ambrose Roth's Subdivision of Lots in Square 368." Lots 21 and 28 in Square 368 describe the property located at 1230 9th Street without the alleyway; the alleyway is located in Lot 22. The deed also identifies the tax lot as " Square 368, Lots 877 and 878." Tax lot 877 does not exist, and tax lot 878 describes only the front portion of the property located at 1230 9th Street. The back portion ...