Echo Consulting Services, Inc. v. North Conway Bank

Facts

Echo Consulting Services (Echo) (plaintiff) was a tenant in a building that was later purchased by North Conway Bank (North Conway) (defendant). The lease granted, inter alia, “common right of access thereto [and] common use of the parking lot.” North Conway assumed the lease and became Echo’s landlord. The building underwent renovations, as a result of which Echo also complained of noise, dirt, and occasional power outages. The construction also made the rear parking lot inaccessible. North Conway changed the locks to one of the building’s two entrances; thus Echo employees could use only the back entrance after regular business hours. Echo claimed that access through even that entrance was obstructed and difficult. The parties dispute the extent of these interferences. Echo sued North Conway, claiming that all these disruptions effected a constructive eviction, partial actual eviction, and breach of an implied covenant of quiet enjoyment. The Superior Court ruled against Echo on all its claims. Echo appealed, arguing that the trial court erred in not finding a constructive or actual eviction and that it applied the wrong legal test regarding quiet enjoyment.