Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court dismissed this appeal seeking review of four adverse pretrial decisions after the circuit court granted summary judgment on some of the parties' claims, holding that accepting appellate jurisdiction would lead to piecemeal litigation of the myriad claims among the four parties.When one of three founding members of a cooperative grazing association died, his estate invoked a provision of the bylaws of the association to withdraw real estate that was previously contributed to the association and sell it to a third party. Another member objected, leading to this litigation. The circuit court granted summary judgment to the estate as to certain claims but did not determine all of the various claims among the parties. Two parties appealed, seeking review of four adverse pretrial decisions. The Supreme Court dismissed the appeal, holding that the justification for the S.D. Codified Laws 15-6-54(b) certification was not readily apparent from the record. View "Nelson v. Campbell" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court concluding that Sierra Club lacked standing to challenge the Clay County Board of Adjustment's decision affirming the issuance of a permit for the operation of a concentrated animal feeding operation in Clay County, holding that the circuit court erred in holding that Sierra Club lacked representational standing.In concluding that Sierra Club lacked standing under S.D. Codified Laws 11-2 to bring this lawsuit in its own right, the circuit court concluded that Sierra Club was not a person aggrieved and lacked representational standing because participation in the suit by its individual members was required. The Supreme Court reversed in part, holding (1) the circuit circuit properly determined that Sierra Club lacked standing to bring suit in its own right under section 11-2-61; and (2) the circuit court erred in concluding that Sierra Club lacked representational standing. View "Sierra Club v. Clay County Board Of Adjustment" on Justia Law

The Supreme Court reversed the decision of the circuit court dismissing Petitioners' appeal from the decision of the Turner County Board of Adjustment approving an application for the construction and operation of a concentrated animal feeding operation (CAFO) on the grounds that Petitioners lacked standing, holding that the circuit court erred in dismissing the appeal for an inadequate showing of standing.After the Board voted unanimously to approve the CAFO application Petitioners, who owned land near the proposed CAFO, petitioned the circuit court for a writ of certiorari. The circuit court concluded that Petitioners lacked standing because they failed to present sufficient facts demonstrating a unique and personal injury compared to Turner County taxpayers in general. The Supreme Court reversed, holding that Petitioners set forth sufficient specific facts showing a personal and pecuniary loss not suffered by taxpayers in general. View "Powers v. Turner County Board of Adjustment" on Justia Law

The Supreme Court dismissed for lack of appellate jurisdiction Appellants' appeal from the circuit court's order granting summary judgment dismissing some but not resolving all of the parties' claims, holding that the circuit court's summary judgment order was indisputably not final.The circuit court's order granting summary judgment did not resolve all of the parties' claims, and it was not certified as a final decision prior to Appellants' appeal. The Supreme Court dismissed the appeal without reaching the merits of the appeal, holding that because the circuit court resolved only part of the case and the summary judgment order did not cite S.D. Codified Laws 15-6-54(b) (Rule 54(b)), did not designate the order as final, and was not accompanied by a reasoned statement supporting a Rule 54(b) certification, this Court lacked appellate jurisdiction. View "Huls v. Meyer" on Justia Law

The Supreme Court affirmed the decision of the circuit court dismissing students' claims seeking to recover for lost funding for services denied to them under the GEAR UP program due to mismanagement and embezzlement, holding that the students lacked standing to bring their claims.The students in this case attended schools that GEAR UP was meant to serve and now attended college. The students claimed to have been denied GEAR UP benefits in their schools due to embezzlement and negligent supervision, among other claims. The circuit court granted summary judgment in favor of the defendants, concluding that the students had standing to bring their claims but that the claims were preempted by federal law. The Supreme Court affirmed but on other grounds, holding the students failed to show standing because they failed to show how an award of monetary damages would redress the alleged past loss of supplemental educational services. View "Black Bear v. Mid-Central Educational Cooperative" on Justia Law

The Supreme Court affirmed the decision of the circuit court dismissing an out-of-state subpoena proceeding as moot, holding that the circuit court properly dismissed the proceedings.During a divorce proceeding in Connecticut between Donald Netter and Stephanie Netter, Stephanie served an out-of-state subpoena duces cecum on South Dakota Trust Company LLC (SDTC) seeking information from certain South Dakota trusts administered by SDTC. Stephanie later filed a motion for a protective order and scheduled a hearing with the South Dakota circuit court because the SDTC and Stephanie were unable to reach an agreement concerning the terms of a protective order for the information sought. SDTC requested additional protections. Before the hearing, Stephanie sought to withdraw the subpoena and the motion for protective order, indicating that the subpoena was no longer necessary. The circuit court allowed Stephanie to withdraw her motion for protective order and dismissed the action for lack of jurisdiction and on mootness grounds. The Supreme Court affirmed, holding that because the dispute relating to the out-of-state subpoena was the sole controversy before the circuit court and because Stephanie withdrew her subpoena, there was no longer a dispute before the circuit court, and the matter was moot. View "Netter v. Netter" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting third-party defendants' motion to dismiss a complaint filed against them for tortious conduct occurring exclusively on the Pine Ridge Indian Reservation, holding that the circuit court did not err in finding that it lacked jurisdiction.On appeal, Appellant argued that the circuit court erred in dismissing the third-party complaint and requested that the Supreme Court remand the case back to the circuit court for additional discovery on claims related to both subject matter jurisdiction and sovereign immunity. The Supreme Court held (1) the circuit court correctly determined that it did not have subject matter jurisdiction over the third-party complaint; and (2) the circuit court did not err by restricting Appellant's right to conduct additional discovery. View "Alone v. Brunsch" on Justia Law

The Supreme Court dismissed as moot the order of the circuit court entering a protection order against Christopher Garrigan prohibiting Garrigan from coming within a distance of 100 yards of the children named in the protection order, holding that the order was moot because the protection order expired, and none of the exceptions to mootness applied.Daniel Lewis, on behalf of his three children, sought a protection order against Christopher Garrigan, who was in a romantic relationship with Lewis's ex-wife, after Lewis learned that Garrigan was a registered sex offender. The circuit court entered a protection order against Garrigan. The order expired by its own terms after six months. Garrigan appealed, arguing that the Court should review the expired order because certain exceptions to mootness applied. The Supreme Court disagreed, holding that none of the exceptions should be applied to review the expired order. View "Lewis v. Garrigan" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting Defendant's counsel's motion to dismiss Plaintiff's personal injury action after Defendant died during the pendency of the action and Plaintiff failed to move to substitute Defendant's estate or personal representative, holding that the circuit court did not err when it dismissed Plaintiff's case.After Defendant's counsel moved to dismiss the case, Plaintiff moved for substitution, arguing that the period for seeking substitution had not commenced because Defendant's counsel had not served notice of Defendant's death on Defendant's estate or personal representative. The circuit court granted the motion to dismiss, concluding that Plaintiff's motion for substitution was untimely. The Supreme Court affirmed, holding (1) S.D. Codified Laws 15-6-25(a)(1) does not require service of the notice of death on the decedent's estate or personal representative; (2) the circuit court did not err when it denied Plaintiff's motion for substitution as untimely and when it denied Plaintiff's motion for enlargement due to an insufficient factual showing to support a finding of excusable neglect; and (3) under the circumstances, the circuit court did not err when it dismissed Plaintiff's case. View "Leighton v. Bennett" on Justia Law

The Supreme Court affirmed the decision of the circuit court denying Appellants’ motion to intervene in a partnership dissolution action, holding that Appellants failed to meet the tripartite test necessary for intervention as a matter of right under S.D. Codified Laws 15-6-24(a)(2).Appellants entered into a farm lease/cash rent agreement with Berbos Farms General Partnership. Appellants sued Berbos Farms to recover unpaid cash rent under the lease for the years 2015. During discovery, Appellants learned that Joe and Lisa Berbos, partners in Berbos Farms, had filed a separate action to dissolve Berbos Farms. Seeking to preserve their right to payment of the 2015 cash rent in the event Berbos Farms was dissolved, Appellants move to intervene in the partnership dissolution action. The circuit court denied the motion. The Supreme Court affirmed, holding that because Appellants failed to show that the claim for unpaid cash rent might be impaired by the disposition of the partnership dissolution lawsuit, the circuit court correctly denied the motion to intervene under section 15-6-24(a)(2). View "Berbos v. Berbos" on Justia Law