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ARROWHEAD RIDGE I v. COLD STONE CREAMERY

Nos. 25770, 25787.

800 N.W.2d 730 (2011)

2011 S.D. 38

ARROWHEAD RIDGE I, LLC, Plaintiff and Appellant, v. COLD STONE CREAMERY, INC., Franchise location: 5416 E. Arrow-head Pkwy Sioux Falls, SD 57110, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 6, 2011.

Attorney(s) appearing for the Case

Timothy J. Grande of Mackall, Crounse & Moore, PLC, Minneapolis, Minnesota and Samuel R. Assam , Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Steven W. Sanford of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

SEVERSON, Justice.

[¶ 1.] Arrowhead Ridge I, L.L.C. initiated this forcible entry and detainer action when its tenant, Cold Stone Creamery, Inc., defaulted on its lease. The trial court granted Arrowhead partial summary judgment, concluding that it was entitled to seventeen months of unpaid rent and late fees. The issues of mitigation of damages, interest, and attorneys' fees proceeded to trial. After a court trial, the trial court concluded that Arrowhead failed...

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