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THOMPSON v. E.I.G. PALACE MALL, LLC

No. 22349.

657 N.W.2d 300 (2003)

2003 SD 12

Mary Eilen THOMPSON as Trustee of the Mary Eilen Trust, Lanny G. Brantner, Jerry O. Brantner and Jon Airhart, Plaintiffs and Appellants, v. E.I.G. PALACE MALL, LLC, Western Sierra Contractors, Inc. and C.S.K. Auto Parts, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 29, 2003.

Attorney(s) appearing for the Case

Douglas R. Bleeker, Mitchell, South Dakota, Attorney for plaintiffs and appellants.

James C. Roby of Green, Schulz, Roby, Oviatt, Cummings & Linngren, Watertown, South Dakota, Attorneys for defendants and appellees.

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...

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