FLYNN, J.
This case concerns a dispute over the scope of a mineral rights reservation contained in a warranty deed that was executed in 1954 in Josephine County, Oregon. Defendant Skidmore, current owner of the mineral rights reservation, appeals a judgment of the trial court declaring that his rights "do not include any rights to sand, gravel, or other rock or earth materials, in whatever form, used for construction purposes." Defendant does not challenge the trial court's conclusion that sand and gravel are excluded from his mineral rights reservation, but he contends that "mineral" must be interpreted to include "massive deposits of common rock, such as basalt rock," even if that rock is destined to be used for construction purposes. We conclude that the text of the disputed reservation is ambiguous, that there is no extrinsic evidence to resolve the ambiguity, and that maxims of construction require us to construe the ambiguity in favor of defendant. Accordingly, we reverse the part of the judgment declaring that the reservation of mineral rights does not include "rock * * * used for construction purposes," and remand for further proceedings consistent with this opinion.
On October 12, 1954, Angeline Dillard executed a warranty deed conveying roughly 120 acres to Sunny Valley Lumber Company, subject to a reservation of mineral rights. The reservation states:
Through transfers of ownership that are not in dispute, plaintiff Copeland acquired the deed to the property and defendant acquired the reservation of mineral rights. It is undisputed that plaintiff intends to use the property as a source of rock to turn into gravel for construction purposes.
Plaintiff filed suit seeking to quiet title and obtain specific declaratory relief regarding the meaning of the reservation of rights. The parties filed cross-motions for summary judgment, each arguing that the language of the reservation was unambiguous as a matter of law. The trial court granted plaintiff's motion, denied defendant's motion, and entered a judgment that grants plaintiff's requested declaratory relief but otherwise dismisses the parties' claims. Defendant assigns error to the granting of plaintiff's motion but not to the denial of his own motion.
Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ORCP 47 C. Here, both parties assert that no material facts are in dispute and urge us to resolve the meaning of the mineral reservation as a matter of law. We, thus, analyze whether plaintiff was entitled to the requested declaratory relief as a matter of law.
In construing the meaning of the reservation contained in the deed before us, we apply the familiar three-step analysis described in Yogman v. Parrott, 325 Or. 358, 361, 937 P.2d 1019 (1997), for analyzing contracts. James B. House Living Trust v. Thompson, 230 Or.App. 595, 600, 217 P.3d 228 (2009) (Yogman framework applicable to analyzing deeds). First, we examine the text and context of the provision. Yogman, 325 Or. at 361, 937 P.2d 1019. If the text and context of the provision are unambiguous, the analysis ends there. Id. If the text and context are ambiguous, however, we consider whether extrinsic evidence resolves the ambiguity. Id. at 363, 937 P.2d 1019. Finally, if extrinsic evidence does not resolve the ambiguity, we apply established maxims of construction to determine the meaning of the disputed language. Id. at 364, 937 P.2d 1019.
The first inquiry under Yogman — whether the text of the deed is ambiguous — presents a legal question. Eagle Industries, Inc. v. Thompson, 321 Or. 398, 405, 900 P.2d 475 (1995). A contractual provision is ambiguous if its wording, in context, is reasonably susceptible to more than one plausible interpretation. Pacific First Bank v. New Morgan Park Corp., 319 Or. 342, 348, 876 P.2d 761 (1994). Here, both parties contend that the reservation of "mineral" rights in the 1954 deed is unambiguous, although they propose contradictory interpretations. Although the ability to identify multiple interpretations does not necessarily make the provision ambiguous, the parties' arguments convince us that both proposed interpretations are plausible.
Because it could be dispositive, we begin by considering plaintiff's contention that the Supreme Court's decision in Whittle v. Wolff, 249 Or. 217, 437 P.2d 114 (1968), controls the scope of the mineral rights reservation at issue here. The court in Whittle held that a reservation of "all subsurface rights, except water" did not include "the right to the sand and gravel in the land." 249 Or. at 218, 224, 437 P.2d 114. Plaintiff contends that Whittle stands "for the rule that sand, gravel, and other similar earth materials, such as common variety rock used for construction purposes, are not `minerals' as the term is used by parties to a mineral reservation in a deed."
Aside from Whittle, plaintiff points to cases from other jurisdictions, which it argues have limited the definition of "mineral" rights to minerals having intrinsic market value, i.e., value apart from being used for construction. See Heinatz v. Allen, 147 Tex. 512, 217 S.W.2d 994 (1949); Watkins v. Certain-Teed Products Corp., 231 S.W.2d 981 (Tex.Civ.App.1950); St. Land Bd. v. St. Dept. of Fish and Game, 17 Utah.2d 237, 408 P.2d 707 (1965). The fact that contemporaneous judicial decisions adopted plaintiff's interpretation of a "mineral" reservation convinces us that plaintiff proposes a plausible interpretation of what the language of this mineral reservation meant to the original grantor and grantee.
It appears, however, that the decisions plaintiff cites do not reflect the only accepted meaning of "mineral" reservations in 1954. As defendant points out, cases from around the country, including in Oregon, had reached a variety of conclusions about the scope of "mineral" rights reservations by 1954. See Loney v. Scott, 57 Or. 378, 385, 112 P. 172 (1910) (building sand is a "mineral" within the mineral laws of the United States); McCombs v. Stephenson, 154 Ala. 109, 44 So. 867 (1907) (shale is a "mineral" under mineral rights conveyance).
Defendant, for his part, argues that the term "minerals" includes stone and rock, such as basalt.
The dictionary definitions, however, are not focused on "mineral" in the context of a reservation of rights. Indeed, the same dictionary defines "mineral" so broadly as to encompass everything that is neither animal nor vegetable, a meaning not even defendant proposes for this reservation of rights. Webster's at 1437.
More to the point, defendant also cites to an Oregon statutory definition of "mineral" that applies in the context of mineral resources for the Department of Geology and Mineral Industries.
There is nothing in the context of the deed as a whole that makes one of the interpretations implausible. The trial court assumed that the name of the purchaser on the deed, "Sunny Valley Lumber Company," permitted an inference that the purchaser intended to harvest timber from the property and that a company intending to harvest timber would not agree to a reservation of mineral rights that included "massive rock." We do not agree that those inferences, even if permissible, are so clear as to make plaintiff's interpretation of the reservation the only plausible interpretation. Because defendant and plaintiff both offer plausible interpretations of "mineral" as used in the mineral rights reservation, the term is ambiguous.
As a general rule, summary judgment is not appropriate in a contract dispute if the terms are ambiguous. Madson v. Oregon Conf. of Seventh-Day Adventists, 209 Or.App. 380, 384, 149 P.3d 217 (2006). An exception to that general rule, however, "exists when there is no relevant extrinsic evidence to resolve the ambiguity." Id. at 389, 149 P.3d 217 n. 3 (citing Yogman, 325 Or. at 363-66, 937 P.2d 1019). That is because "it is the existence of competing extrinsic evidence — and the triable factual issue that the evidence creates — that, as a general rule, makes the resolution of the meaning of an ambiguous contract on summary judgment inappropriate, not the existence of an ambiguity itself." Dial Temporary Help Service v. DLF Int'l Seeds, 255 Or.App. 609, 612, 298 P.3d 1234 (2013). Here, both parties agree that there is no relevant extrinsic evidence of the intent of the contracting parties.
Plaintiff, however, urges us to apply the "principle" found in Whittle, namely, "[i]f the evidence does not disclose the grantor's intent, the deed is to be construed to conform to the intent commonly prevalent among conveyors similarly situated.'" 249 Or. at 221, 437 P.2d 114 (quoting Restatement (Third) of Property § 243 (1940)).
Because there is no extrinsic evidence to consider, we turn to step three in our Yogman analysis and look to maxims of construction. There is a well-established maxim of construction from property law that helps resolve this question.
Another key source for maxims to govern our interpretation of writings, including deeds, is ORS chapter 42. Portland Fire Fighters' Assn. v. City of Portland, 181 Or.App. 85, 94 n. 6, 45 P.3d 162 (2002), rev. den., 334 Or. 491, 52 P.3d 1056 (2002) (describing ORS chapter 42 rules of interpretation as maxims of construction under Yogman, although observing that some of those rules
Thus, we resolve the ambiguity according to the applicable maxims of construction and construe the ambiguity in favor of the interpretation defendant urges us to adopt — viz., that "the mineral reservation at issue includes common rock such as basalt." Accordingly, we reverse the part of the judgment declaring that the reservation of mineral rights does not include "rock * * * used for construction purposes."
Judgment for plaintiff reversed and remanded as to the declaration regarding the scope of the mineral rights reservation; otherwise affirmed.