Justia South Dakota Supreme Court Opinion Summaries

James and Amber May hired RES Construction to build their home in Sioux Falls. RES subcontracted First Rate Excavate, Inc. to install the septic system and construct the foundation. The Mays alleged that the foundation was installed several feet below grade level, causing significant drainage and septic issues that damaged their home, yard, and neighboring properties. They sued First Rate for negligence. The circuit court dismissed the claim based on the economic loss doctrine, and the Mays appealed.The Circuit Court of the Second Judicial Circuit in Lincoln County, South Dakota, dismissed the Mays' negligence claim, citing the economic loss doctrine, which limits remedies for purely economic losses to those specified in a contract. The court reasoned that the Mays lacked privity of contract with First Rate and that their claims were barred by the six-year statute of limitations.The Supreme Court of the State of South Dakota reviewed the case. The court held that the economic loss doctrine should not be expanded beyond claims arising from transactions involving the sale of defective goods under the Uniform Commercial Code (UCC). The court noted that the doctrine is designed to prevent parties from circumventing contract remedies by seeking tort remedies for economic losses. Since the Mays' claim was based on negligence and not on a UCC transaction, the economic loss doctrine did not apply. Additionally, the court found that the lack of privity between the Mays and First Rate further precluded the application of the economic loss doctrine. The Supreme Court reversed the circuit court's dismissal and remanded the case for further proceedings. View "May v. First Rate Excavate" on Justia Law

Dreau Rogers was convicted by a jury of second-degree murder for the death of his wife, Destiny Rogers, and several other offenses. Rogers claimed that a third party, Donovan Derrek, was the actual perpetrator. Rogers appealed, arguing that the circuit court erred in denying his motion for judgment of acquittal and in failing to give a spoliation instruction due to the State's handling of Derrek's phone, which was returned to Derrek and subsequently destroyed.The Circuit Court of the Fourth Judicial Circuit in Lawrence County, South Dakota, denied Rogers's motion for judgment of acquittal, finding sufficient evidence to support the jury's verdict. The court noted that the forensic evidence, including DNA and gunshot residue, supported the conclusion that Rogers, not Derrek, was the shooter. The court also found that Derrek's alibi was corroborated by text messages and testimony, and that Rogers's inconsistent statements and prior threats against Destiny further supported the conviction.The Supreme Court of South Dakota reviewed the case and affirmed the lower court's decision. The court held that the evidence was sufficient to support the conviction of second-degree murder and related charges. The court also found that the State did not violate Rogers's due process rights by returning Derrek's phone, as there was no evidence of bad faith by law enforcement. The court concluded that the circuit court did not abuse its discretion in denying Rogers's request for a spoliation instruction, as the record did not support a finding of intentional destruction of evidence by the State.The Supreme Court of South Dakota affirmed the circuit court's rulings, upholding Rogers's convictions and sentences. View "State v. Rogers" on Justia Law

Clyde and Nancy Straatmeyer purchased a lot within a subdivision governed by a restrictive covenant. They began constructing a house with a large three-car garage, prompting their neighbors to sue to stop the construction, claiming it violated the covenant. The Straatmeyers counterclaimed, seeking to have the covenant declared void. The circuit court held a bench trial and ultimately declared the covenant null and void.The Circuit Court of the Fourth Judicial Circuit in Meade County, South Dakota, found that the restrictive covenant had been routinely violated by numerous property owners within the subdivision without any enforcement action taken since its inception in 1976. The court determined that enforcing the covenant against the Straatmeyers while allowing other violations to persist would be inequitable. The court also found that the covenant's terms, such as the three-car garage limit and the prohibition on business activities, had been violated by several plaintiffs.The Supreme Court of the State of South Dakota reviewed the case and affirmed the circuit court's decision. The Supreme Court held that the circuit court did not abuse its discretion in declaring the covenant void. The court noted that the widespread, unchallenged violations of the covenant undermined its purpose and that enforcing it selectively would be unjust. The Supreme Court agreed that it would be impractical and harmful to require all properties to comply with the covenant and that voiding the covenant was an appropriate equitable remedy. View "Hood v. Straatmeyer" on Justia Law

Lydelle Turner was indicted on multiple counts following a drive-by shooting in Sioux Falls. He filed several motions, including a motion to suppress, a motion to dismiss, a motion for judgment of acquittal, and a motion for a new trial, all of which were denied by the circuit court. Turner objected to the introduction of a screenshot photograph from a traffic camera video, but the court overruled this objection. The court also rejected three jury instructions proposed by Turner. Turner appealed these decisions.The circuit court denied Turner’s motion to suppress Driver’s identification, finding the identification procedure suggestive but necessary under the circumstances. The court also denied Turner’s motion to dismiss based on the late disclosure of a ballistics report, instead granting a continuance to allow Turner time to prepare. The court admitted the Milestone photograph into evidence, despite Turner’s objections regarding foundation and hearsay. Turner’s motion for judgment of acquittal was denied, with the court interpreting SDCL 22-14-20 as not requiring the State to prove that the vehicles were occupied at the time of the shooting. The court also denied Turner’s proposed jury instructions related to eyewitness identification and the interpretation of SDCL 22-14-20.The Supreme Court of South Dakota affirmed the circuit court’s decisions. It held that the show-up identification was necessary and reliable, the continuance was an appropriate remedy for the late disclosure of the ballistics report, and the admission of the Milestone photograph, though an abuse of discretion, was not prejudicial. The court also upheld the denial of Turner’s motion for judgment of acquittal and his proposed jury instructions, finding no abuse of discretion. Finally, the court found no due process violation in the handling of the Milestone video and Flores’ testimony, affirming the denial of Turner’s motion for a new trial. View "State v. Turner" on Justia Law

Donika Rae Gonzales was convicted in 2014 by a jury of first-degree manslaughter and aggravated assault for beating her boyfriend’s four-year-old son to death. Gonzales filed a petition for a writ of habeas corpus, arguing that the jury district, which included residents from both Brule and Buffalo Counties, diluted the percentage of prospective Native American jurors, violating her constitutional rights. She also claimed ineffective assistance of counsel for her attorney’s failure to introduce certain evidence at trial. The habeas court found that the jury district violated both federal and state constitutions and reversed her conviction without addressing the ineffective assistance claims.The Circuit Court of the First Judicial Circuit initially sent jury questionnaires to only Buffalo County residents, but due to an inadequate number of responses, included Brule County residents as well, based on a 2011 standing order. Gonzales agreed to hold the trial in Brule County and use a combined jury pool from both counties. The jury pool consisted of 236 jurors, with 22% Native American representation, compared to 29% in the combined population of the two counties. Gonzales appealed her conviction, but it was summarily affirmed by the South Dakota Supreme Court in 2016.The South Dakota Supreme Court reviewed the case and reversed the habeas court’s decision. The court held that the use of a jury district comprising Buffalo and Brule Counties did not violate the South Dakota Constitution’s requirement for a trial by a jury of the “county or district” where the offense occurred. The court also found that Gonzales failed to establish a violation of the Sixth Amendment’s fair cross-section requirement, as the absolute disparity in Native American representation was only 7%, below the constitutional threshold. Consequently, Gonzales’ ineffective assistance claims were also deemed without merit, and the order granting habeas relief was vacated. View "Gonzales v. Markland" on Justia Law

Mary Langbehn sued her son, Michael Langbehn, and his company, Langbehn Land and Cattle Co. (LL&C), alleging Michael breached his fiduciary duty as a co-trustee of his deceased father’s trust. Michael filed counterclaims for unjust enrichment and quantum meruit related to improvements he claimed to have made to real estate he leased from his father’s trust and Mary’s separate living trust. The circuit court granted summary judgment in favor of Mary on her claims and on Michael’s counterclaims. The court also removed Michael as a co-trustee and awarded Mary $513,796.94 in damages. Michael appealed.The Circuit Court of the Third Judicial Circuit in Beadle County, South Dakota, found that Michael had engaged in self-dealing and breached his fiduciary duty of loyalty to the credit trust by profiting from subleases. The court concluded that Michael failed to keep Mary reasonably informed and acted in bad faith. The court granted summary judgment on Mary’s claims and Michael’s counterclaims, and removed Michael as a co-trustee.The Supreme Court of the State of South Dakota reviewed the case. The court held that Michael did not engage in impermissible self-dealing because the trust instrument expressly allowed him to lease the land at below-market rates. However, the court found that genuine issues of material fact remained regarding whether Michael disclosed the subleases and additional income to Mary. The court reversed the summary judgment on Mary’s breach of fiduciary duty claims and the decision to remove Michael as a co-trustee, remanding for further proceedings. The court affirmed the summary judgment on Michael’s counterclaims for unjust enrichment and quantum meruit, as there was no evidence that Mary requested or agreed to pay for the improvements. View "Langbehn V. Langbehn" on Justia Law

Todd Weiland filed a personal injury lawsuit against Patrick Bumann for injuries sustained in a motor vehicle accident while Bumann was on duty as a South Dakota Highway Patrol trooper. The circuit court denied Weiland’s motion for partial summary judgment on negligence, contributory negligence, causation, and failure to mitigate damages, leading to a jury trial. The court also denied Bumann’s request to apply a recklessness standard instead of ordinary negligence. At trial, the court excluded the Minnehaha County Sheriff’s Department accident report, certain SDHP investigation materials, and representations by Bumann’s insurance adjuster. The jury found Bumann negligent but also found Weiland contributorily negligent, awarding Weiland $18,661.50 in damages.Weiland appealed, challenging the circuit court’s rulings. The South Dakota Supreme Court reviewed the case. The court found Weiland’s challenge to the denial of summary judgment and judgment as a matter of law on negligence moot since the jury found Bumann negligent. The court upheld the denial of summary judgment and judgment as a matter of law on contributory negligence and failure to mitigate damages, finding sufficient evidence to support the jury’s verdict.The court also upheld the circuit court’s evidentiary rulings, finding no prejudice from the exclusion of the accident report and SDHP investigation materials, as the jury heard similar testimony. The exclusion of the insurance adjuster’s testimony was also upheld due to lack of an offer of proof. The court found no abuse of discretion in denying the jury instruction on liability insurance and precluding a per diem argument for non-economic damages, as the evidence did not support such an argument.The South Dakota Supreme Court affirmed the circuit court’s judgment, making it unnecessary to address issues raised by Bumann’s notice of review. View "Weiland V. Bumann" on Justia Law

Puffy’s, LLC was first on a waiting list to receive a state registration certificate from the South Dakota Department of Health (Department) to operate a medical cannabis dispensary in Rapid City. After the Department failed to issue the certificate, Puffy’s filed a mandamus action in circuit court to compel the Department to issue the certificate. The circuit court granted the writ of mandamus, and the Department appealed, arguing the court lacked jurisdiction and abused its discretion in granting the writ.The circuit court found that it had jurisdiction because Puffy’s had no administrative remedy to exhaust, as the Department had not taken final action that could be appealed. The court also ruled that the matter was not moot because the Department had not issued the certificate. On the merits, the court concluded that the Department had a clear duty to issue the certificate to Puffy’s under ARSD 44:90:03:16, which mandates that a voided certificate must be awarded to the next applicant on the waiting list. The court found that Puffy’s had no other remedy and was entitled to the writ.The South Dakota Supreme Court affirmed the circuit court’s decision. It held that the circuit court had jurisdiction because there was no administrative remedy available for Puffy’s to exhaust. The court also agreed that the matter was not moot. On the merits, the Supreme Court found that the Department had a clear duty to issue the certificate to Puffy’s under the plain language of ARSD 44:90:03:16, which does not require additional application or fees from waitlisted applicants. The court concluded that the circuit court did not abuse its discretion in granting the writ of mandamus without an evidentiary hearing, as the case turned on legal interpretation rather than factual disputes. View "Puffy’s LLC v. State of South Dakota" on Justia Law

Black Hills Adventure Lodging (BHAL) manages rental cabins in the Black Hills and hired Stephanie Hammer to clean these cabins. After her relationship with BHAL ended, Hammer applied for reemployment assistance benefits, which BHAL contested, claiming she was an independent contractor. An administrative law judge (ALJ) determined Hammer was an employee and ordered BHAL to pay into the unemployment compensation fund based on her wages and those of others similarly situated. The circuit court affirmed this decision, and BHAL appealed.The ALJ found that Hammer was free to accept or decline cleaning jobs, was not trained or supervised by BHAL, and provided her own cleaning supplies and transportation. Despite these findings, the ALJ concluded that Hammer was not free from BHAL's control and was not customarily engaged in an independently established trade. The circuit court affirmed the ALJ's decision.The Supreme Court of South Dakota reviewed the case and determined that BHAL did not exercise control over Hammer's work, as she had the freedom to accept or decline jobs, set her own hours, and provide her own supplies. However, the court found that Hammer was not customarily engaged in an independently established trade, as she did not provide cleaning services to others, did not advertise her services, and was wholly dependent on BHAL for work.The Supreme Court affirmed the circuit court's decision that Hammer was an employee of BHAL and that BHAL must contribute to the unemployment compensation fund for her wages. However, the court reversed the decision that BHAL was liable for wages paid to "others similarly situated" to Hammer, as each individual's employment status must be determined based on their unique relationship with BHAL. The case was remanded for the circuit court to vacate that portion of the Department's decision. View "Black Hills Adventure Lodging, LLC v. South Dakota Department of Labor and Regulation" on Justia Law

Rod Dorale built his house with a setback of seven feet three inches from the neighboring property line, violating the McCook County ordinance requiring a nine-foot setback. Greg and Patricia DeCramer, who own the adjacent property, appealed the McCook County Board of Adjustment's decision to grant Dorale a variance for the reduced setback. The DeCramers argued that the Board exceeded its authority by violating the governing statute and county ordinance.The circuit court denied the DeCramers' petition for a writ of certiorari, concluding that the Board had complied with the requirements for granting a variance under SDCL 11-2-53(2). The court noted that the Board determined the variance would not be offensive to the public and that undue hardship existed because Dorale would have to move the house. The court emphasized the limited nature of its review, stating it could not question the Board's decision or examine the facts leading to the variance request.The South Dakota Supreme Court reviewed the case and found that the Board acted illegally and in excess of its authority by granting a variance that did not comply with SDCL 11-2-53(2) or the county ordinance. The Court noted that the Board did not find any special conditions or extraordinary circumstances that justified the variance. The Board's finding that there was "nothing extraordinary in this residential district" precluded it from granting the variance under the terms of the ordinance. Consequently, the Supreme Court reversed the circuit court's decision and remanded the case for the entry of an order vacating the variance granted by the Board. View "Decramer v. Dorale" on Justia Law