Laska v. Barr

In this second appeal regarding a contract dispute, the Supreme Court held that the circuit court did not err, on remand, in concluding that the contract created a right of first refusal and that the contract was void as an unreasonable restraint against alienation. The court held (1) the circuit court did not err when it held that the parties intended to create a right of first refusal; (2) the circuit court did not err when it ruled that the contract constituted an unreasonable restraint on alienation and repugnant to the interest created; and (3) the court did not err when it refused to narrow the scope of the alienation to comply with S.D. Codified Laws 43-5-1 or another reasonable limitation. View "Laska v. Barr" on Justia Law