NEW LEAF v. FD DEVELOPMENT OF BLACK HAWK

No. 25566.

793 N.W.2d 32 (2010)

2010 S.D. 100

NEW LEAF, LLC, Robert J. Dvorak and Vianna June Dvorak, Plaintiffs and Appellants, v. FD DEVELOPMENT OF BLACK HAWK LLC and Family Dollar Stores of South Dakota, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 22, 2010.


Attorney(s) appearing for the Case

John K. Nooney , Aaron T. Galloway of Nooney, Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Rodney W. Schlauger , Eric J. Pickar of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for appellee FD Development.

Jason M. Smiley of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for appellee Family Dollar.


KONENKAMP, Justice.

[¶ 1.] The ultimate question here is whether the circuit court abused its discretion in declining to enjoin a business from selling grocery items in violation of a restrictive covenant. In balancing the equities, the court ruled that the landowners failed to establish irreparable harm and that the hardship suffered by the business would be disproportionate to the benefit to be gained by the landowners. We find no abuse of discretion in this...

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