Thirty and 141, LP v. LOWE'S HOME CENTERS, INC.

GRUENDER, Circuit Judge.

Thirty and 141, L.P., Gravois Bluffs A, L.L.C., and Gravois Bluffs I, L.L.C. (collectively, “Thirty”) sought reformation of a deed restriction they recorded pursuant to a lease with Lowe’s Home Centers, Inc. (“Lowe’s”), alleging mutual mistake. Both parties filed motions for summary judgment, and the district court granted Lowe’s’ motion. For the reasons discussed below, we vacate and remand.

I. BACKGROUND

On June 10, 1999, Lowe’s and Thirty executed a lease agreement for Lowe’s to occupy a portion of Thirty’s property in an area known as Gravois Bluffs in Saint Louis…