Zauner v. Brewer

Brewer (defendant) held a life estate in property; Zauner (plaintiff) held the remainder, to take effect when Brewer died or surrendered the premises. Brewer lived there from 1967 until 1988, then moved out and leased the property to a third party. Zauner sued, arguing she had surrendered the property and also seeking damages for waste-alleging she let the property deteriorate: the boat dock split, the retaining wall moved and cracked, the boat house began sinking at a corner, and the pond became overgrown and unusable. Brewer argued these failures did not cause substantial or permanent injury. The trial court granted Brewer summary judgment, and Zauner appealed.

Whether a life tenant commits permissive waste by failing to make ordinary repairs necessary to prevent the property from suffering substantial or permanent injury.