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ADVANCED RECYCLING SYS. v. SOUTHEAST PROP.

No. 25304.

787 N.W.2d 778 (2010)

2010 S.D. 70

ADVANCED RECYCLING SYSTEMS, LLC, Plaintiff and Appellee, v. SOUTHEAST PROPERTIES LIMITED PARTNERSHIP, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 18, 2010.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. , Johnson, Heidepriem & Abdallah, LLP, Mark D. O'Leary , Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Michael J. Schaffer , Paul H. Linde, of Schaffer Law Office, Prof., LLC, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] Advanced Recycling Systems, LLC initiated this breach of contract action against Southeast Properties, LP, alleging that Southeast Properties violated Advanced Recycling's right of first refusal when it sold the 8th & Railroad Center development without first offering 110 South Reid Street, a portion of the development subject to a right of first refusal, to Advanced Recycling. The trial court granted summary judgment in favor of...

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