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POWERS v. POWERS

#29561.

974 N.W.2d 706 (2022)

2022 S.D. 25

Jerome POWERS, Plaintiff and Appellant, v. Dennis POWERS, Defendant and Appellee, and Prevailing Winds, LLC and Prevailing Wind Park, LLC, Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED May 11, 2022.

Attorney(s) appearing for the Case

R. SHAWN TORNOW , Sioux Falls, South Dakota, Attorney for plaintiff and appellant.

JOHN P. BLACKBURN of Blackburn & Stevens, Prof. LLC, Yankton, South Dakota, Attorneys for defendant and appellee Dennis Powers.

PATRICK D.J. MAHLBERG , LISA M. AGRIMONTI of Fredrikson & Byron, P.A., Minneapolis, Minnesota, JOSEPH ERICKSON , LEE SCHOENBECK of Schoenbeck Law, P.C., Watertown, South Dakota, Attorneys for defendants and appellees Prevailing Winds, LLC and Prevailing Wind Park, LLC.

[¶1.] This appeal concerns the interpretation of a right of first refusal entered into by Jerome Powers and his son, Dennis Powers, related to approximately 630 acres of agricultural property. After Dennis entered into a wind energy lease and easement agreement with Prevailing Wind Park, LLC (Prevailing Wind), Jerome brought...

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