Thompson v. E.I.G. Palace Mall, LLC

KONENKAMP, Justice.

[¶ 1.] The owners of a restaurant sought a judgment declaring that they had the right to use an adjacent mall parking lot for customer parking and truck deliveries. The trial court granted summary judgment to the mall owner. Because there are genuine issues of material fact on the question of an implied easement for access by delivery trucks, we reverse and remand that question for trial. In all other respects, we affirm.

Background

[¶2.] The plaintiffs are the owners of Fanny Horner’s Eating Establishment in Mitchell, South Dakota. 1 The restaurant lies adjacent to the…