Pierce v. B.P.O. of Elks Lodge No. 1214

MARING, Justice.

[¶ 1] William A. and Carol Pierce appealed from judgments dismissing their action against B.P.O. of Elks Lodge No. 1214 (“Elks”) for breach of a business lease agreement and related damages. We conclude genuine issues of material fact exist which precluded the district court from dismissing the Pierces’ claims through summary judgment. We reverse and remand for further proceedings.

I

[¶ 2] In the fall of 1994, the Elks in Williston leased part of its premises to the Pierces for the purpose of establishing a dining room and lounge business. The written lease agreement ran from…