Justia South Dakota Supreme Court Opinion Summaries

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

The Supreme Court affirmed Defendant's conviction of open container and driving under the influence (DUI) and imposing a suspended imposition of sentence, holding that the circuit court did not err in denying Defendant's motion to suppress.Based on information obtained during a 911 call made by Defendant's daughter reporting that Defendant may be drinking and driving and providing Defendant's location officers conducted a traffic stop of Defendant's van and then arrested her for DUI. Defendant filed a motion to suppress, arguing that the traffic stop was an unconstitutional search and seizure. The circuit court denied the motion and found Defendant guilty. The Supreme Court affirmed, holding that, under the totality of the circumstances, the circuit court properly concluded that law enforcement had reasonable suspicion to believe that Defendant was driving under the influence of alcohol at the time of the stop. View "State v. Rosa" on Justia Law

The Supreme Court affirmed the judgment of the circuit court on remand declaring that Lynn and Lisa Schock satisfied the conditions of Bonnie J. Pease's handwritten holographic will, holding that the circuit court did not err.After the Supreme Court held that the will in this case appointed the Schocks as the personal representatives and gave them Bonnie's entire estate subject to conditions, the circuit court, on remand, declared that the Schocks satisfied the will's conditions and approved the proposed final distribution of the estate. The Supreme Court affirmed, holding that the circuit court did not err in finding that the Schocks satisfied the conditions. View "In re Estate of Hubert" on Justia Law

The Supreme Court reversed the judgment of the circuit court granting Alice and Vernon Cook a divorce on the grounds of irreconcilable differences, holding that the circuit court's property award and alimony award were an abuse of discretion.The court below equitably divided the parties' marital property and ordered Vernon to pay Alice a cash payment that included $140,000 for marital assets that the court found Vernon had dissipated. The court further ordered Vernon to pay Alice permanent alimony in the monthly amount of $1,500. The Supreme Court reversed, holding (1) the circuit court abused its discretion in classifying Vernon's monthly military retirement pay as marital property; (2) the circuit court erred in failing properly to apply federal law to the military disability pay Vernon received during the separation; and (3) because the circuit court's property division is reversed, vacatur of the alimony award and remand were required. View "Cook v. Cook" on Justia Law

In this action concerning a disputed agreement between between Kenneth and Rebecca Goens and Lynn VanSloten for the sale of an empty lot, the Supreme Court dismissed the appeal for lack of appellate jurisdiction under S.D. Codified Laws 15-26A-3, holding that the underlying interlocutory judgment was not a final judgment under S.D. Codified Laws 15-6-54(b) and was therefore not appealable.Kenneth delivered the purchase agreement at issue and VanSloten's earnest money check to FDT, LLC with the intention that FDT act as the closing agent for the property sale. When a dispute arose regarding the earnest money check and purchase agreement the Goenses filed a complaint against FDT and VanSloten. VanSloten asserted a counterclaim against the Goenses. The circuit court granted FDT's motion for summary judgment against the Goenses, but the order did not resolve the remaining claims or contain any certification under S.D. Codified Laws 15-6-54(b). The Goenses appealed. The Supreme Court dismissed the appeal, holding that because active claims remained in this action at the time of appeal and no Rule 54(b) certification was made, this Court lacked appellate jurisdiction under S.D. Codified Laws 15-26A-3. View "Goens v. FDT, LLC" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court granting Sally Johnson's request to supervise and reform a trust and denied Mindy Smith's petition seeking clarification from the court and requesting other relief, holding that the circuit court erred in denying certain attorney fees.After Fred Peterson died, his daughter Sally filed separate petitions seeking court supervision and reformation of one of the two trusts he created in his lifetime. Another daughter, Mindy opposed the reformation and requested other relief. After a trial, the circuit court granted Sally's petition to reform the trust at issue and denied all of Mindy's petitions and motions. Sally subsequently filed a motion for reimbursement of attorney fees and expenses, which the circuit court denied. The Supreme Court reversed in part and remanded the case, holding (1) the circuit court was authorized to award Sally attorney fees under S.D. Codified Laws 15-17-38; (2) the court did not abuse its discretion in determining that the litigation did not provide the trust with an economic benefit; and (3) attorney fees were authorized for Sally's efforts to vindicate her father's intent. View "In re Petersen Trusts" on Justia Law

The Supreme Court affirmed Defendant's conviction of third-degree rape, entered following a jury trial, holding that there was sufficient evidence in the record to sustain the conviction, and therefore, the circuit court did not err in denying Defendant's motion for a judgment of acquittal.After a jury trial, Defendant was found guilty of third-degree rape and sentenced to ten years in prison with eight years suspended. On appeal, Defendant argued that the evidence did not prove beyond da reasonable doubt that actual penetration occurred, as required by S.D. Codified Laws 22-22-1(3). The Supreme Court affirmed, holding that there was sufficient evidence in the record to support the jury's verdict finding Defendant guilty of third-degree rape. View "State v. McDermott" on Justia Law

The Supreme Court affirmed Defendant's convictions of first-degree rape and sexual contact, holding that Defendant was not entitled to relief on any of his allegations of error.After a second trial, a jury found Defendant guilty of sexually assaulting two of his children and one of his children's friends and sentenced him to life imprisonment on each of the three counts of first-degree rape and fifteen years on the sexual contact count, all to run consecutively. The Supreme Court affirmed, holding that the circuit court (1) abused its discretion in excluding witness testimony offered in Defendant's case-in-chief, but the error was harmless beyond a reasonable doubt; (2) did not err in allowing the State to admit a trial transcript of Defendant's testimony from his first trial; (3) did not abuse its discretion in allowing the State to admit other act evidence and expert testimony; and (4) did not abuse its discretion in ordering Defendant to pay certain costs of prosecution. View "State v. Guzman" on Justia Law