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CASEY RANCH LTD. PARTNERSHIP v. CASEY

No. 25026.

773 N.W.2d 816 (2009)

2009 SD 88

CASEY RANCH LIMITED PARTNERSHIP (CRLP), Milliron Bison Company, LLC (MBC), Kevin Casey, as CRLP General and Limited Partner and MBC Member, Brendan Casey, as MBC Managing Member and CRLP Limited Partner, Dennis Casey, as CRLP Limited Partner and MBC Member, and Sean Casey, as CRLP Limited Partner and MBC Member, Plaintiffs and Appellants, v. Pauline CASEY, Defendant and Appellee, and Mike Casey, Intervener and Appellee.

Supreme Court of South Dakota.

Decided September 23, 2009.

Attorney(s) appearing for the Case

Michael C. Loos, Courtney R. Clayborne of Clayborne, Loos, Strommen & Sabers, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Lon J. Kouri, David A. Pfeifle of May & Johnson, P.C., Sioux Falls, South Dakota, Attorneys for appellee, Pauline Casey.

Gary D. Jensen of Beardsley, Jensen and Von Wald, LLP, Rapid City, South Dakota, Attorneys for appellee, Mike Casey.

ZINTER, Justice.

[¶ 1.] Casey Ranch Limited Partnership (CRLP) and Milliron Bison Company, LLP (MBC) commenced this breach of contract action against Pauline Casey. The suit was based on oral agreements under which Pauline leased CRLP's and MBC's real property and agreed to pay for certain expenses associated with her use of the property to graze her cattle. The circuit court dismissed. With respect to MBC, the court concluded that the suit was outside the ordinary...

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