Legal Opinion

State of Wis. Inv. Bd. v. Hurst

South Dakota Supreme Court

Decided August 12, 1987No. 15522, 15531 and 15534PublishedCited by 12 opinions

1Opinion of the Court

MILLER, Justice.

Gene R. Hurst (Hurst) and Roger W. Anderson (Anderson) (collectively “Owners”) owned twenty acres of real estate located in the City of Brookings, South Dakota. Hurst and Anderson were real estate speculators and desired to develop the land for use as a shopping mall. In December 1971, Owners executed a ninety-nine-year lease with Ericson Development Company, Inc. (Ericson) under which Ericson would construct, operate, and maintain a shopping mall on the leased property. The lease contract also provided that Owners would join in any mortgage necessary to finance such a mall.

In…

2Cases cited5 opinions

  1. Aetna Life Insurance Co. v. McElvainSouth Dakota Supreme Court · 1985
  2. Matthews v. HintonCalifornia Court of Appeal · 1965
  3. First Federal Savings & Loan Ass'n of Rapid City v. Clark Investment Co.South Dakota Supreme Court · 1982
  4. Guaranty Mtg. Co. of Nashville v. Ryan SupplyMississippi Supreme Court · 1978
  5. Heinrich v. MageeSouth Dakota Supreme Court · 1928

3Cited by12 opinions

  1. Star Equipment, Ltd. v. State of Iowa, Iowa Department of TransportationSupreme Court of Iowa · 2014
  2. Young v. EmbleyAlaska Supreme Court · 2006
  3. Honey v. DavisWashington Supreme Court · 1997
  4. Honey v. DavisWashington Supreme Court · 1997
  5. First Interstate Bank of Fargo, N.A. v. RebarchekNorth Dakota Supreme Court · 1994

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