Court of Appeals for the Eighth Circuit May 11, 2009, 08-2335 (Thirty and 141, LP v. LOWE'S HOME CENTERS, INC.)

GRUENDER, Circuit Judge.

Thirty and 141, L.P., Gravois Bluffs A, L.L.C., and Gravois Bluffs I, L.L.C. (collectively, “Thirty”) sought reformation of a deed restriction they recorded pursuant to a lease with Lowe’s Home Centers, Inc. (“Lowe’s”), alleging mutual mistake. Both parties filed motions for summary judgment, and the district court granted Lowe’s’ motion.