Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Office of Hearing Examiners (OHE) reviewing the decision of the South Dakota Department of Labor and Regulation Division of Insurance (DOI) relating to captive insurance companies domiciled in South Dakota, holding that there was no error.Appellant requested information from the South Dakota Department of Labor and Regulation Division of Insurance (DOI) relating to captive insurance companies domiciled in the state of South Dakota. The DOI denied the request, explaining that the information was confidential. The OHE upheld the decision, and the circuit court affirmed. The Supreme Court affirmed, holding that the circuit court and the OHE properly determined that certificates of authority for captive insurance companies may not be disclosed under S.D. Codified Laws 58-46-31. View "Schupp v. Division of Insurance" on Justia Law

The Supreme Court affirmed Defendant's conviction for attempted first-degree murder, four counts of aggravated assault, and commission of a felony while armed with a firearm, holding that there was no error in the proceedings below.After a jury trial, Defendant was convicted. After a habitual offender trial, the jury found that Defendant had five prior felony convictions and ordered him to serve twenty-five years for attempted first-degree murder. The Supreme Court affirmed, holding that applying the correct standard leads to the conclusion that sufficient evidence supported the circuit court's decision to deny Defendant's motions for judgment of acquittal. View "State v. At The Straight" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing the claims brought by the Estate of Owen Thacker against Victoria Timm, holding that there was no error or abuse of discretion.The parties in this case were involved romantically, lived with each each other, and owned property as joint tenants. After Plaintiffs were appointed co-guardians and co-conservators of Thacker they filed this suit on behalf of Thacker against Timm, alleging breach of fiduciary duty, conversion, and undue influence. The Estate was substituted as Plaintiff and added a claim for breach of duty as trustee of implied trust. The circuit court entered judgment in favor of Timm. The Supreme Court affirmed, holding that the circuit court did not err. View "Estate of Thacker v. Timm" on Justia Law

The Supreme Court reversed the circuit court's judgment accepting Plaintiff's adverse possession ownership claim and granting him an access easement under theories of prescriptive easement, easement by necessity, and an easement implied by prior use, holding that the circuit court's decision to grant an easement was not justified.Specifically, the Supreme Court held that the circuit court (1) erroneously applied the doctrine of acquiescence when it determined that Plaintiff and his predecessors in interest met the hostility requirement for adverse possession; and (2) erred when it granted Plaintiff a prescriptive easement allowing access to his land through the disputed property, and the access easement was also not authorized as an easement implied by prior use or necessity. View "Fuoss v. Dahlke Family Limited Partnership" on Justia Law

The Supreme Court affirmed the order of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation approving Claimant's request for benefits, holding that there was no error.Claimant injured her shoulder and necker while working for Employer. While Employer and Insurer initially paid Claimant benefits, her claim for surgery and additional benefits was subsequently denied. Claimant filed a petition seeking a hearing on her claims. Thereafter, the Department approved Claimant's request for benefits. The Supreme Court affirmed, holding (1) Claimant's work injury was a major contributing cause of her impairment and need for treatment; and (2) there was no error in the Department's findings concerning medical opinion testimony or causation. View "News America Marketing v. Schoon" on Justia Law

The Supreme Court reversed the judgment of the circuit court denying Appellant's application for attorney fees as a co-trustee under S.D. Codified Laws 55-3-13, holding that the circuit court abused its discretion in awarding Appellant nothing in attorney fees.James Endres created an irrevocable family trust, designating his seven children as beneficiaries. The children were later designated as co-trustees. Appellant, one of the children, commenced litigation seeking court supervision of the trust and to remove five of the co-trustees for breach of fiduciary duties. The parties eventually settled all issues except for Appellant's application for attorney fees. The circuit court denied attorney fees. The Supreme Court reversed, holding that Appellant was entitled to attorney fees under section 55-3-13 for his actions as a co-trustee which were productive to actual benefit of the trust. View "Endres v. Endres" on Justia Law

In this action brought by the City of Sioux Falls seeking to have a partially completed house demolished under a City ordinance the Supreme Court affirmed the circuit court's grant of summary judgment to the City, finding that the City had shown that "normal construction" had ceased for over eighteen months and allowing the City to demolish the structure on the property.In 2013, Defendants began construction on a house. Construction later stalled. The City issued an order for demolition to Defendants, finding the structure in violation of a City ordinance providing that a structure be demolished if "there was been a cessation of normal construction of any structure for a period of more than 18 months...[.]" When Defendants failed to commence demolition the City brought this complaint seeking enforcement of the ordinance. The circuit court granted summary judgment to the City. The Supreme Court affirmed, holding that the City met its burden of establishing the absence of "normal construction" for a period of eighteen months. View "City of Sioux Falls v. Strizheus" on Justia Law

The Supreme Court affirmed the decision of the Turner County Board of Adjustment to grant Intervenors, Steve and Ethan Schmerichel and Norway Pork Op, LLC, a conditional use permit (CUP) for a large concentrated animal feed operation (CAFO), holding that there was no error.In 2018, the Schmeichels sought a CUP for a large CAFO that would house 7,400 head of swine. The Board approved a CUP for the operation. Petitioners, nearby landowners, petitioned the circuit court for a writ of certiorari challenging the legality of the CUP. The circuit court determined that Petitioners had standing to challenge the CUP but denied their petition. Petitioners appealed the denial of certiorari and the Board and Intervenors appealed the issues of standing and the court's refusal to impose attorney fees on Petitioners. The Supreme Court affirmed, holding that there was no error or abuse of discretion. View "Powers v. Turner County Bd. of Adjustment" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court finding that a surviving wife (Wife) did not voluntarily enter into a premarital agreement that waived any right she had to the property of her deceased husband (Husband) and that the agreement was unconscionable, holding that the circuit court erred in invalidating the agreement under the provisions of S.D. Codified Laws 29A-2-213(b) and S.D. Codified Laws 25-2-21(a)(2).After Husband died, Wife petitioned the circuit court for, inter alia, her elective share and homestead allowance. At issue was the validity of the premarital agreement signed by Wife. The circuit court found that Wife did not voluntarily sign the agreement and that the agreement was unconscionable. The Supreme Court reversed in part, holding that the circuit court (1) did not clearly err in finding that Wife did not voluntarily sign the agreement and that the agreement was void and unenforceable on this basis; but (2) erred in finding that the agreement was unconscionable. View "In re Estate of Eichstadt" on Justia Law

The Supreme Court affirmed the judgment of the trial court in this action to foreclose a materialmen's lien to recover for material and labor Ed Suvada expended in renovating a cabin for George and Christine Muller, holding that their was no error.Suvada brought this action to foreclose his materialmen's lien on the Muller property and also alleged breach of contract. The Mullers counterclaimed, alleging breach of contract and fraud. A jury awarded Suvada damages on his materialmen's lien claim and in favor of the Mullers on both of their claims but awarded damages only on the breach of contract claim. The Supreme Court affirmed, holding that the circuit court did not err or abuse its discretion. View "Suvada v. Muller" on Justia Law