Justia South Dakota Supreme Court Opinion Summaries

Brett Jarman applied to the Law Enforcement Officers Standards and Training Commission for law enforcement certification seeking certification of qualification as a candidate for county sheriff. After a hearing, the Commission denied the application, concluding that Jarman did not meet the minimum qualifications for law enforcement certification due to lack of good moral character. The circuit court affirmed the Commission’s decision. The Supreme Court affirmed, holding (1) although Jarman engaged in conduct that a jury determined to be not criminal and the resulting legal actions were expunged, the Commission properly acted within its authority in denying Jarman’s certification based on that conduct; and (2) the Commission’s findings were established by a preponderance of the evidence. View "In re Certifiability of Jarmon" on Justia Law

The property at issue in this case was transferred to Deadwood Stage Run, LLC (Developer) in early 2006. On December 18, 2006, the City of Deadwood created Tax Incremental District Number Eight (the District) out of the property. After the City and Developer entered into a contract for private development of the District, Lawrence County sent its 2007 assessment of the property reflecting the most recent assessment of $934,520. The Developer sought a declaratory judgment prospectively establishing the 2006 assessed valuation of the District as the appropriate tax incremental base rather than the 2007 assessed valuation, arguing that the Department of Revenue incorrectly calculated the tax incremental base for the District in the City by using the County’s November 1, 2006 annual assessment rather than the Department’s August 25, 2006 annual Certificate of Assessment, Equalization, and Levy. The circuit court granted summary judgment in favor of the Department. The Supreme Court affirmed, holding that, in calculating the tax incremental base for a tax incremental district, the Department is statutorily required to use the last aggregate assessed valuation certified by the Department prior to the date of creation of the tax incremental district. View "Deadwood Stage Run, LLC v. Dep’t of Revenue" on Justia Law

After Paul Lockenour was arrested, police officers found drugs and drug paraphernalia in Lockenour’s recreational vehicle (RV). Lockenour pleaded guilty to distribution of a controlled substance. The State then brought a civil forfeiture action against Lockenour’s RV. The value of the RV was $54,000, and the approximate street value of the drugs found in Lockenour’s possession was between $1,600 and $2,000. Lockenour asserted as an affirmative defense that the forfeiture of the TV was disproportionate to his crime. The circuit court granted summary judgment for the State, concluding that the forfeiture was not grossly disproportionate or unconstitutionally excessive. The Supreme Court affirmed, holding that, based on the entire circumstances surrounding the offense that led to the forfeiture, the forfeiture of Lockenour’s TV was not grossly disproportionate to the gravity of Lockenour’s offense. View "State v. 2011 White Forest River XLR Toy Hauler" on Justia Law

In 2000, while working at Homestake Mining Company, Michael Martz injured his shoulder. Martz was paid workers’ compensation benefits. In 2002, while working for McLaughlin Sawmill (Hills Materials), Martz injured the same shoulder. Hills Materials began paying benefits but, several years later, denied liability for further benefits. Martz petitioned the Department of Labor, contending that both employers were liable for benefits. Homestake was granted summary judgment on statute of limitations grounds. In regards Hills Materials, the Department rejected Martz’s argument that promissory estoppel precluded Hills Materials from denying liability and concluded that Martz failed to satisfy his burden of showing that the 2002 injury was a “major contributing cause” of his current condition. The circuit court affirmed. The Supreme Court affirmed, holding (1) Hills Materials was not estopped from denying liability for Martz’s current condition and need for treatment; and (2) Martz failed to establish that Hills Materials was liable for benefits where he did not prove a sufficient causal relationship between his 2002 injury and his current condition and need for treatment. View "Martz v. Hills Materials" on Justia Law

Eastern Farmers Cooperative (EFC) applied for and was granted a conditional use permit to build and operate an agronomy facility on sixty acres of land near Colton, South Dakota. Appellants’ residence was directly across a county road from the proposed facility. Appellants appealed. The Minnehaha County Commission upheld the decision to grant the conditional use permit to EFC, as did the circuit court. The Supreme Court affirmed, holding (1) the County Commission’s decision to uphold the approval of the permit was not arbitrary and capricious in violation of Appellants’ due process rights; and (2) any alleged due process concerns arising out of a certain commissioner’s participation in the County Commission’s action were remedied by invalidating that commissioner’s vote. View "Hanson v. Minnehaha County Comm'n" on Justia Law

Appellant injured his lower back in 2007 while working for Employer. Employer denied further treatment that same year. Appellant filed a petition for hearing in 2009, alleging that he was entitled to medical benefits. Based on a deposition of Dr. Dale Anderson, Employer filed an amended answer admitting that Appellant’s work activities were a major contributing cause to his need for medical treatment. The Department of Labor dismissed the case in 2010. In 2011, Employer denied further medical treatment based upon a recent independent medical evaluation by another doctor. Appellant petitioned for a hearing, arguing that res judicata applied to prevent Employer from changing its position from its previous admittance. The Department found res judicata inapplicable and that Appellant failed to meet his burden of proof on causation. The circuit court affirmed. The Supreme Court reversed, holding that because Dr. Anderson’s opinion was adopted by Employer and judicially accepted by the Department through its 2010 order of dismissal, Employer was judicially estopped from taking an inconsistent position; and (2) Appellant met his burden of proving that his work-related activities as of 2010 were a major contributing cause of his disability. Remanded. View "Hayes v. Rosenbaum Signs & Outdoor Advertising, Inc. " on Justia Law

Eric Kolda, a City of Yankton police officer, was terminated for violating police department policies. The City terminated Kolda by delivery of a termination letter. Kolda appealed, and the city manager upheld Kolda’s termination for cause. Kolda did not appeal to the Department of Labor and Regulation but, instead, filed a wrongful discharge action in circuit court. The circuit court ruled that Kolda could only be terminated for cause with notice and that the City failed to provide pre-termination notice. A jury found cause for the termination, and Kolda’s wrongful discharge claim was denied. However, the circuit court awarded Kolda procedural due process damages for lost wages that accrued between the time of his summary termination and the post-termination evidentiary hearing. Both parties appealed. The Supreme Court reversed and remanded for the circuit court to vacate the award of damages because Kolda failed to exhaust his administrative remedies, and the circuit court thus lacked jurisdiction to resolve Kolda’s claims. View "Kolda v. City of Yankton" on Justia Law

The Moody County Board of Adjustment granted a conditional use permit (CUP) to allow Mustang Pass, LLC (Mustang) to construct a concentrated animal feeding operation in Moody County. Several citizens (Citizens) petitioned the circuit court for a writ of certiorari to invalidate Mustang’s CUP, asserting (1) the Moody County Board acted in excess of its jurisdiction because Moody County failed, in 2003, to property enact its zoning ordinances creating the Moody County Board of Adjustment; and (2) the statutory scheme applicable to the appeal procedure from a board of adjustment decision violates the Equal Protection Clause. The circuit court denied the writ. The Supreme Court affirmed, holding (1) the statutory scheme comports with the Equal Protection Clause because a rational relationship exists between a legitimate legislative purpose and classifications the statute creates among citizens; and (2) the 2003 ordinances were validly enacted. View "Tibbs v. Bd. of Comm’rs" on Justia Law

Employee was injured at work and underwent surgery. Employee’s health insurer covered the surgery’s costs at a discounted rate. After the Department of Labor found Employer liable for Employee’s condition Employer accepted Employee’s claim and reimbursed Employee for his out of pocket expenses and reimbursed Employee’s insurer for payments it made on Employee’s behalf. Employee challenged the payment, arguing that Employer was required to pay the full medical expense without the health insurance discount. The Department concluded that Employer fulfilled its obligation. The circuit court reversed and found Employer liable for the full medical expense billed before adjustments. Employer appealed. The Supreme Court reversed the circuit court and reinstated the Department’s order, holding that the Department correctly applied the law in determining that Employer satisfied its statutory reimbursement obligation. View "Whitesell v. Rapid Soft Water & Spas, Inc." on Justia Law

This appeal concerned property located in Lincoln County that was unplatted and zoned for agricultural use. The property owner voluntarily petitioned for its annexation to the City of Sioux Falls. Sioux Falls subsequently adopted an annexation resolution under S.D. Codified Laws 9-4-1 annexing the property to be developed for a Walmart store. Neighbors of the property, joined as “Save Our Neighborhood,” petitioned the circuit court for writs of prohibition and certiorari, seeking to invalidate the City’s annexation resolution and to prohibit the City from rezoning the property. Petitioners argued that S.D. Codified Laws 9-4-5 required the City to obtain approval from the Lincoln County Board of County Commissioners before adopting a rule to annex the property. The circuit court denied the petitions. The Supreme Court affirmed the circuit court’s denial of Petitioners’ writs of certiorari and prohibition, holding that the Legislature did not intend section 9-4-5 to apply to a resolution adopted for a voluntary petition for annexation under section 9-4-1. View "Save our Neighborhood v. City of Sioux Falls" on Justia Law