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Appeals court probes scope of indemnity clause after land-development dispute
Summary
In Mirapolsky v. Campbell the appellant argued an indemnification clause tied to a subdivision easement requires developers to cover attorney fees for successful enforcement of easement obligations; justices questioned contract grammar, whether indemnity reaches direct-party claims, and which categories of fees (administrative planning-board work, unsuccessful claims) qualify.
A three-week trial over a subdivision roadway and related infrastructure yielded a disputed indemnification clause whose scope the appeals panel considered.
Benjamin Tymon, counsel for the Mirapolskys, asked the court to interpret an indemnity paragraph that he said unambiguously covers entries upon the access easement and activities performed there, including recovery of…
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