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THIRTY AND 141, L.P. v. LOWE'S HOME CENTERS, INC.

No. 08-2335.

565 F.3d 443 (2009)

THIRTY AND 141, L.P.; Gravois Bluffs A, L.L.C.; Gravois Bluffs I, L.L.C., Appellants, v. LOWE'S HOME CENTERS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 11, 2009.

Attorney(s) appearing for the Case

Gerard T. Carmody, argued, Teresa Dale Pupillo, Jeffrey D. Sigmund, on the brief, St Louis, MO, for appellant.

Benjamin A. Lipman, argued, Andrew S. Buchanan, on the brief, St Louis, MO, for Appellee.

Before SMITH, GRUENDER and BENTON, Circuit Judges.

GRUENDER, Circuit Judge.

Thirty and 141, L.P., Gravois Bluffs A, L.L.C., and Gravois Bluffs I, L.L.C. (collectively, "Thirty") sought reformation of a deed restriction they recorded pursuant to a lease with Lowe's Home Centers, Inc. ("Lowe's"), alleging mutual mistake. Both parties filed motions for summary judgment, and the district court granted Lowe's' motion. For the reasons discussed below, we vacate and remand.

I. BACKGROUND

On June 10, 1999...

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