Justia South Dakota Supreme Court Opinion Summaries

In this action to quiet title to a parcel of land in Brule County the Supreme Court affirmed the summary judgment decision of the circuit court determining that the current possessors of the subject land (Possessors) acquired title by adverse possession and quieting title in their favor, holding that the circuit court properly granted summary judgment on Possessors' adverse possession counterclaim.Healy Ranch Partnership (HRP) commenced this action to quiet title, naming multiple defendants, including Possessors, the previous possessors, and another member of HRP. Possessors filed a counterclaim alleging that they had acquired title through adverse possession. The circuit court determined that Possessors acquired title by adverse possession, deciding motions to dismiss and for summary judgment adversely to HRP. The Supreme Court (1) reversed the circuit court's decision granting the motion to dismiss, holding that the court erred when it applied this Court's decision in Healy v. Osborne, 934 N.W.2d 557 (S.D. 2019), to assess the sufficiency of HRP's complaint; and (2) affirmed the court's decision granting Possessors summary judgment on their adverse possession counterclaim, holding that Possessors established title to the property by adverse possession. View "Healy Ranch Partnership v. Mines" on Justia Law

The Supreme Court affirmed the decision of the South Dakota Public Utilities Commission (PUC) approving the application of Crowned Ridge Wind, LLC for a permit to construct a wind energy farm in northeast South Dakota, holding that the PUC acted within its discretion in this case.After a contested hearing, the PUC issued a written decision approving the permit. Two individuals who lived in rural areas near the project and had intervened to oppose Crowned Ridge's application sought review. The circuit court affirmed. The Supreme Court affirmed, holding (1) neither of the Intervenors' evidentiary claims were sustainable; and (2) even if the Intervenors' claims were preserved for appeal, the PUC acted within its discretion when it denied the Intervenors' challenges to certain testimony. View "Christenson v. Crowned Ridge Wind, LLC" on Justia Law

The Supreme Court affirmed the decision of the South Dakota Public Utilities Commission (PUC) approving the application of Crowned Ridge Wind II, LLC to construct a large wind energy farm in northeast South Dakota, holding that the PUC followed the applicable statutory directives in granting the construction permit and properly determined that Crowned Ridge satisfied its burden of proof under S.D. Codified Laws 49-41B-22.After a contested hearing, the PUC issued a written decision approving the permit. Two individuals who lived in rural areas near the project and had intervened to oppose Crowned Ridge's application sought review. The circuit court affirmed. The Supreme Court affirmed, holding (1) the PUC did not err when it determined that Crowned Ridge met its burden of proof to comply with all applicable laws and rules; and (2) the PUC's findings were not clearly erroneous as they related to crowned Ridge's burden under S.D. Codified Laws 49-41B-22(3). View "Christenson v. Crowned Ridge Wind, LLC" on Justia Law

The Supreme Court affirmed the judgment of the circuit court determining that an offer from Dakota Legends Properties, LLP (DLP) was a bona fide offer that triggered Plaintiffs' right of first refusal to purchase the property, that Plaintiffs had been offered the right of first refusal, and that Plaintiffs did not exercise that right, holding that there was no error.Defendant entered into a lease agreement with Plaintiffs that gave Plaintiffs a right of first refusal to purchase the leased property at the same price and terms of any bona fide offer. After receiving an offer from DLP, Defendant notified Plaintiffs of the offer. Plaintiffs made two offers on the property, which Defendant rejected in favor of DLP's offer. Litigation followed, and the parties filed cross-motions for partial summary judgment about whether DLP's offer was "bona fide." The circuit court granted summary judgment in favor of Defendant, concluding that DLP's offer was a bona fide offer and that Plaintiff had not exercised her right of first refusal. The Supreme Court affirmed, holding that the circuit court's conclusions of law were without error. View "McCoy v. McCallum" on Justia Law

The Supreme Court affirmed the judgment of the circuit court affirming the determination of the Department of Labor and Regulation that Appellant was not permanently totally disabled, holding that Appellant failed to sustain his claim for permanent total disability.While he was employed by Rapid City Regional Hospital (RCRH) Appellant claimed he sustained two work-related head injuries that caused ongoing mental impairments. Appellant sought workers' compensation benefits from RCRH and its insurer, but the Department denied the claim, finding (1) Appellant failed to prove his work injuries were a major contributing cause of his mental impairments, and (2) Appellant failed to establish that he was permanently disabled. The Supreme Court affirmed, holding that the Department and circuit court properly concluded that Appellant was not permanently totally disabled. View "Baker v. Rapid City Regional Hospital" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court determining that Denise Schipke-Smeenk was not entitled to specific performance of an agreement she made with her husband that neither party would revoke their specific wills without the other's consent, holding that the circuit court erred in determining that the claim was not timely or properly presented.Denise and Neil Smeenk executed mutual wills in 2017 and the agreement at issue. In 2019, Neil executed a new will without Denise's consent. After Neil died, the circuit court appointed Denise as personal representative of Neil's estate and ordered the 2019 will to be probated. The circuit court denied Denise's motion seeking specific performance of the agreement, determining that the motion was not properly presented as a creditor claim and was untimely and that Denise was not entitled to specific performance. The Supreme Court reversed in part, holding that the circuit court (1) erred in determining that the claim was not timely and properly presented; but (2) correctly ruled that Denise was not entitled to specific performance. View "In re Estate of Smeenk" on Justia Law

The Supreme Court reversed the order of the circuit court denying Meemic Insurance Company's motion to dismiss this action for lack of personal jurisdiction, holding that the minimum contacts necessary to support the exercise of personal jurisdiction in accordance with due process requirements were not satisfied.Catherine Davis was riding as a passenger on William Laeder's motorcycle when Richard Otten, who was also driving a motorcycle, collided with them. All three people sustained incapacitating injuries. Meemic had issued an insurance policy in Michigan to Davis, which was in effect at the time of the accident. Davis ultimately filed a complaint against Otten and Meemic alleging that Meemic breached its insurance contract with Davis by failing to compensate her under the underinsured motorist coverage and no-fault insurance terms of her policy. After the circuit court denied Meemic's motion to dismiss, Meemic filed a petition for intermediate appeal. The Supreme Court granted the petition and reversed, holding that the minimum contacts required to warrant a finding of jurisdiction were not met in this case. View "Davis v. Otten" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the circuit court granting summary judgment dismissing claims brought by Luke McAllister, McAllister TD, LLC (MTD), and B-Y Internet, LLC (B-Y) (collectively, McAllisters) against Yankton County, holding that the circuit court erred in part.Yankton County brought an action seeking an injunction against the McAllisters to cease a business that the County alleged was operating in violation of a zoning ordinance. The McAllisters asserted counterclaims for barratry and abuse of process, filed a third-party complaint asserting an abuse of process claim against Yankton County entities, and added a claim against the County's attorney and zoning administrator. The circuit court dismissed all of the McAllisters' claims. The Supreme Court reversed in part, holding that the circuit court erred in granting summary judgment for Yankton County as to barratry counterclaims filed by Luke and MTD. View "Yankton County v. McAllister" on Justia Law

The Supreme Court granted the Rapid City Journal's application for a writ of mandamus and directed the Honorable Chad Callahan, magistrate judge, to provide the Journal access to any documents filed in Gary Cammack's criminal court file up to the time an order was entered sealing his file.In its applications, the Journal alleged that Judge Callahan violated the Journal's right to access Cammack's file when he entered an order sealing the file prior to the expiration of the condition that Cammack obey all laws for six months. The Supreme Court granted relief, holding (1) the Journal did not have standing to challenge the magistrate court's sentence, but it did have standing to challenge the magistrate court's seal order; and (2) the Journal was entitled to access the court file that existed up to a certain date. View "Rapid City Journal v. Callahan" on Justia Law

The Supreme Court reversed the judgment of the circuit court against Northern Rental Corporation and Steve Willis in this action stemming from the alleged breach of a lease agreement, holding that the circuit court erred in determining damages.In 2019, Northern and Willis defaulted on their lease agreement with Peska Properties, Inc. Peska Properties subsequently entered into a lease with Mills Aftermarket Accessories, Inc. to fill Willis/Northern's remaining lease term plus an additional term. Thereafter, Peska Properties brought this action against Willis/Northern requesting unpaid rent, repayment of Northern's build-out loan, payment of Mills's build-out costs, and attorney fees. The circuit court determined that Willis/Northern owed Peska Properties $68,730. The Supreme Court reversed, holding that the circuit court's award was an error of law because it failed to meet the goal of a damage award. On remand, the court was directed to recalculate the build-out allowance damages. View "Peska Properties, Inc. v. Northern Rental Corp." on Justia Law