William Bischoff, David Bischoff and Peter Bischoff v. Donald L. Bletz, Sr., Bruce Van Guilder and Rodney White

Summary

The court held that plaintiffs lacked standing to challenge a deeded right of first refusal held by a stranger to their contracts with the property owners, depriving the trial court of subject-matter jurisdiction to declare that right extinguished. The court also concluded that, even if jurisdiction existed, disputed material facts would preclude summary judgment concerning the right's exercise and the defendants' acceptance or waiver of its terms. The summary-judgment decision was vacated and the case remanded for further proceedings on plaintiffs' remaining claims.