Legal Opinion

Arrowhead Ridge I, LLC v. Cold Stone Creamery, Inc.

South Dakota Supreme Court

Decided July 6, 2011No. 25770, 25787PublishedCited by 22 opinions

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] Arrowhead Ridge I, L.L.C. initiated this forcible entry and detainer action when its tenant, Cold Stone Creamery, Inc., defaulted on its lease. The trial court granted Arrowhead partial summary judgment, concluding that it was entitled to seventeen months of unpaid rent and late fees. The issues of mitigation of damages, interest, and attorneys’ fees proceeded to trial. After a court trial, the trial court concluded that Arrowhead failed to mitigate its damages due solely to an exclusivity provision in a lease with another tenant. The trial court also concluded that…

2Cases cited21 opinions

  1. Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc.Texas Supreme Court · 1997
  2. Ducheneaux v. MillerSouth Dakota Supreme Court · 1992
  3. Reid v. Mutual of Omaha Insurance Co.Utah Supreme Court · 1989
  4. Hepper v. Triple U Enterprises, Inc.South Dakota Supreme Court · 1986
  5. Schneiker v. GordonSupreme Court of Colorado · 1987

16 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Bertelsen v. Allstate Insurance Co.South Dakota Supreme Court · 2013
  2. Stern Oil Co. v. BrownSouth Dakota Supreme Court · 2018
  3. Roseth v. RosethSouth Dakota Supreme Court · 2013
  4. Casper Lodging, LLC v. AkersSouth Dakota Supreme Court · 2015
  5. Western National Mutual Insurance Co. v. TSP, Inc.South Dakota Supreme Court · 2017

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API