Arrowhead Ridge I, LLC v. Cold Stone Creamery, Inc.
South Dakota Supreme Court
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
- Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc.Texas Supreme Court · 1997
- Ducheneaux v. MillerSouth Dakota Supreme Court · 1992
- Reid v. Mutual of Omaha Insurance Co.Utah Supreme Court · 1989
- Hepper v. Triple U Enterprises, Inc.South Dakota Supreme Court · 1986
- Schneiker v. GordonSupreme Court of Colorado · 1987
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