Vermilyea v. BDL Enterprises, Inc.

RONALD K. MILLER, Circuit Judge.

Bill and Jan Vermilyea (Vermilyeas), are tenants in the Twin City Shopping Mall (Mall) in Lead, South Dakota. They brought an action for judicial rescission of a twenty-year-term lease they executed for space in the Mall being developed by BDL Enterprises, Inc. (BDL). If rescission was denied, Vermilyeas alternatively sought to have the term of the lease revised to a five-year term at the same lease rental.

The trial court denied Vermilyeas’ request for judicial rescission of the lease while granting the alternative relief of revision of the lease term. It…