McCOY v. McCALLUM

#29611.

978 N.W.2d 473 (2022)

2022 S.D. 42

Teresa A. McCOY and K.S. Clark, Plaintiffs and Appellants, v. Sandra K. MCCALLUM, AS TRUSTEE OF the SANDRA K. MCCALLUM LIVING TRUST, and Sandra K. McCallum, in her personal capacity, Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED July 27, 2022.


Attorney(s) appearing for the Case

SARAH BARON HOUY , MARK F. MARSHALL of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

TIMOTHY R. JOHNS of Johns & Kosel, Prof. LLC, Lead, South Dakota, ROGER A. TELLINGHUISEN of DeMersseman, Jensen, Tellinghuisen & Huffman, LLP, Rapid City, South Dakota, Attorneys for defendants and appellees.


[¶1.] Sandra McCallum (McCallum) entered into a lease agreement (Lease) with Teresa McCoy and K.S. Clark (collectively referred to as McCoy). The Lease gave McCoy a right of first refusal to purchase the leased property at the same price and terms of any bona fide offer. McCallum received an offer from Dakota Legends Properties...

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