Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the dismissing The Institute of Range and the American Mustang’s (IRAM) lawsuit seeking to void a seventeen-year-old deed of conservation easement and to quiet title to its property, holding that the circuit court did not err in granting summary judgment in favor of The Nature Conservancy on IRAM’s claims.Specifically, the Court held (1) because the statute of limitations expired more than six years prior to IRAM’s suit, the circuit court did not err in granting The Nature Conservancy summary judgment on IRAM’s fraud claim; (2) summary judgment was properly granted on IRAM’s ultra vires claim and claim to vacate deed for no meeting of the minds; and (3) the circuit court did not err in granting The Nature Conservancy summary judgment on IRAM’s claim to vacate the deed for failure of consideration. View "Institute of Range & American Mustang v. Nature Conservancy" on Justia Law

The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of the Brant Lake Sanitary District on Plaintiffs’ claims alleging a taking or damaging of their property and nuisance, holding that the circuit court did not err in granting the District’s motion for summary judgment.Plaintiffs owned property a short distance from a new sewage lagoon built by the District to process wastewater from the Brant Lake area. In their complaint, Plaintiffs alleged that the District’s new pond violated the general nuisance statute, the statutory prohibition against pollution of state waters, and a county ordinance. Plaintiffs then filed an amended complaint bringing an additional claim of inverse condemnation. The circuit court granted the District’s motion for summary judgment. The Supreme Court affirmed, holding (1) questions of fact did not exist regarding Plaintiffs’ inverse condemnation claim, and Plaintiffs failed to present a claim of inverse condemnation; and (2) Plaintiffs failed to establish a cause of action based upon nuisance. View "Krsnak v. Brant Lake Sanitary District" on Justia Law

The Supreme Court affirmed the circuit court’s judgment affirming a hearing examiner’s decision that an exemption from taxation for real property be increased to 100 percent but reversed the award of attorney fees, holding that the circuit court correctly upheld the hearing examiner’s decision but erred in its award of attorney fees.The Pennington County Board of Equalization established an exemption of thirty-two percent for the 2017 tax year for real property owned by American Legion Home Association Post 22. On American Legion’s administrative appeal, the hearing examiner concluded that the real property qualified for a 100 percent exemption under S.D. Codified Laws 10-4-9.2. The Supreme Court held that the circuit court (1) did not err in affirming the hearing examiner’s decision that the property was entitled to a 100 percent exemption under the statute; but (2) awarded attorney fees without sufficient information to determine a reasonable fee. The Court remanded the attorney fee issue. View "American Legion Home Ass’n Post 22 v. Pennington County" on Justia Law

The Supreme Court reversed in part and affirmed in part the circuit court’s grant of summary judgment in favor of Larry Weisser, holding that Kayla Fluth’s satisfaction of judgment against Schoenfelder Construction, Inc. did not automatically discharge Weisser.Fluth sued Weissar and Schoenfelder to recover damages for flooding in her basement caused by a waterline leak on Weissar’s property. Prior to trial, Fluth accepted Schoenfelder’s offer of judgment for $7,500 and filed a satisfaction of judgment. Thereafter, Weisser filed a motion for summary judgment, arguing that a satisfaction of judgment discharges all other joint tortfeasors from liability. The circuit court granted the motion. The Supreme Court affirmed in part and reversed in part, holding that Fluth did not discharge Weisser from liability if the satisfaction of judgment did not reflect a full satisfaction of Fluth’s damages, and on remand the court must determine whether Schoenfelder’s satisfaction of judgment was a full or partial satisfaction. View "Fluth v. Schoenfelder" on Justia Law

The Supreme Court affirmed the judgment of the circuit partitioning one of two parcels of land Tom Blue and Jim Blue inherited as tenants in common, awarding Tom owelty, and denying Tom’s claims for improvements and restitution, holding that the circuit court did not err in its judgment.Upon the death of their father, Tom and Jim inherited two interests in real estate as tenants in common. Approximately ten years later, Jim commenced this action to partition one of the parcels. Tom counterclaimed for the value of purported improvements and for restitution for the time he spent caring for both properties. The Supreme Court affirmed the judgment of the circuit court, holding that the circuit court (1) did not err in denying Tom’s claims for unjust enrichment and quantum meruit; (2) did not abuse its discretion in controlling the presentation of evidence; and (3) did not clearly err or abuse its discretion in dividing certain land into equal quarter sections and ordering that Jim pay Tom $51,190 in owelty. View "Blue v. Blue" on Justia Law

In this action to quiet title to real property owned by Defendants under a claim of adverse possession, the Supreme Court reversed the order of the circuit court finding that Plaintiff was entitled to the disputed property by adversely possessing it for forty years and dismissing Defendants’ counterclaim to quiet title to an adjacent property under a claim of adverse possession.Defendants opposed Plaintiff’s adverse possession claim on the basis that Plaintiff and his predecessor in interest occupied the disputed property with Defendants’ consent. After filing a counterclaim against Plaintiff, Defendants voluntarily dismissed the counterclaim before trial. The Supreme Court reversed the circuit court’s judgment in this case, holding (1) permissive use does not ripen into a claim of hostility by the mere transfer of the dominant estate; (2) the circuit court erred by quieting title to the disputed property in favor of Plaintiff because his permissive use never ripened into one of hostility necessary to claim title by adverse possession; and (3) the circuit court abused its discretion by dismissing the counterclaim with prejudice, especially in light of the fact that Plaintiff did not oppose Defendants’ voluntary dismissal. View "Gangle v. Spiry" on Justia Law

The Supreme Court dismissed this appeal from a circuit court order granting Defendant’s motion to compel arbitration, holding that no statutory authority existed to entertain the appeal as a matter of right.Plaintiffs sued Defendant seeking a declaratory judgment and rescission of a contract for the sale of land and an incorporated lease. The circuit court issued a temporary restraining order against Defendant and a show cause order setting a hearing for preliminary injunction. Thereafter, Defendant filed a demand for arbitration. The circuit court entered an order compelling arbitration on all claims alleged in Plaintiffs’ complaint. Plaintiffs appealed. The Supreme Court dismissed the appeal, holding that the order compelling Plaintiffs to engage in arbitration was not an order appealable as a matter of right under either S.D. Codified Laws 15-26A-3(2) or S.D. Codified Laws 21-25A-35. View "Stoebner v. Konrad" on Justia Law

The circuit court did not err in denying Sellers’ motions for judgment as a matter of law and for a new trial in this case brought by Buyers against Sellers of a house alleging violation of statutory disclosure requirements.Shortly after purchasing a house, Buyers experienced water-penetration issues. Buyers sued Sellers, claiming violation of the statutory disclosure requirements, fraudulent misrepresentation, fraudulent concealment, and negligent misrepresentation. The jury found in favor of Buyers on its statutory disclosures claim and in favor of Sellers on the remaining claims. On appeal, the Supreme Court held that the circuit court (1) did not err in denying Sellers’ renewed motion for judgment of a matter of law and Sellers’ motion for new trial; and (2) did not abuse its discretion in declining to award attorney fees. View "Center of Life Church v. Nelson" on Justia Law

The Supreme Court affirmed in part and reversed in part the circuit court’s judgment in favor of Plaintiffs awarding damages and an easement enabling Plaintiffs to install an independent tile line underneath Defendant’s property.Uphill landowners (Plaintiffs) and downhill landowner (Defendant) agreed to connect their drain-tile systems to allow for improved drainage across their parcels. Plaintiffs built and maintained an independent tile line that ran across Defendant’s property. Defendant experienced flooding. Believing that the connection of Plaintiffs’ drain tile to his system was the cause, Defendant obstructed the connection and then disconnected his drain-tile system from Plaintiffs’ system, causing water to pool on Plaintiffs’ property. Plaintiffs filed a complaint seeking damages and an order permitting them to reconnect the two systems. Defendant counterclaimed arguing that Plaintiffs unlawfully discharged water onto his land. The circuit court held in favor of Plaintiffs. The Supreme Court held that the circuit court (1) did not err in concluding that promissory estoppel entitled Plaintiffs to damages and an easement because the parties agreed that Plaintiffs would discharge water into Defendant’s drain-tile system; but (2) erred in concluding a trespass occurred because Defendant did not cause water to enter Plaintiffs’ land where the water was already on the land and Defendant simply caused it to remain there. View "Zwart v. Penning" on Justia Law

The Supreme Court affirmed the circuit court’s denial of Petitioners' petition for a writ of mandamus, in which Petitioners sought to force Waubay Township to maintain roads accessing their property. In denying the writ, the circuit court determined that the Township had no duty to maintain the roads because they were not part of the township road system. The Supreme Court affirmed, holding (1) Petitioners failed to meet their burden of proving that the Township was required to maintain the roads under S.D. Codified Laws 31-13-1; and (2) therefore, the circuit court did not abuse its discretion in denying the petition for writ of mandamus. View "Coester v. Waubay Township" on Justia Law