Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court upheld the action of the Deuel County Board of Adjustment (Board) unanimously approving the application filed by Crowned Ridge Wind II, LLC for a special exception permit (SEP) to construct and operate a wind energy system (WES) in Deuel County, holding that there was no error.In 2004, the Deuel County Board of County Commissioners adopted the Deuel County Zoning Ordinance, which created the Board and authorized it to decide requests for "special exceptions" from zoning standards. In 2018, Crowned Ridge sought an SEP from the Board for the construction and operation of a WES with up to sixty-eight wind turbines to be build on property zoned for agricultural use. The Board granted the SEP, and the circuit court upheld the decision. The Supreme Court affirmed, holding (1) the ordinance complied with the statuary requirements of S.D. Codified Laws 11-2-17.3, and therefore, the Board acted within its jurisdiction by considering crowned Ridge's application for an SEP; (2) the Board acted within the requirements of the ordinance and S.D. Codified Laws chapter 11-2; and (3) as to Appellants, landowners in Deuel County, the Board did not illegally grant an easement over Appellants' property, nor did the ordinance violate due process. View "Ehlebracht v. Deuel County Planning Commission" on Justia Law

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the South Dakota Public Utilities Commission (PUC) approving the application filed by Crowned Ridge Wind II, LLC for a permit to construct a large-scale wind energy farm in northeast South Dakota, holding that there was no error.Several individual intervened in this case and objected to Crowned Ridge's application. After an evidentiary hearing, the PUC voted unanimously to approve Crowned Ridge's permit. The circuit court affirmed the issuance of the permit. The Supreme Court affirmed, holding that the intervenors failed to raise any meritorious issues upon which the PUC's final decision and order may be reversed or modified. View "Ehlebracht v. Crowned Ridge Wind II, LLC" on Justia Law

In these three consolidated appeals the Supreme Court held that the State has discretion to charge juveniles under the provisions of either S.D. Codified laws 32-23-1 or S.D. Codified Laws 32.23-21.Defendants, all minors under the age of eighteen, were charged as adults in separate cases for driving a vehicle with a blood alcohol content (BAC) of more than .08, in violation of section 32-23-1(1). Each defendant filed a motion to dismiss, claiming that their status as juveniles stripped the magistrate courts presiding over their cases of jurisdiction. The magistrate courts dismissed the motions, and the circuit courts affirmed. The Supreme Court affirmed, holding that Defendants failed to support their argument that the language of the relevant statutes prevents the State from charging them in magistrate court with violations of section 32-23-1. View "State v. Bettelyoun" on Justia Law

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Spink County Board of Adjustment (Board) to deny the application filed by Arrow Farms RE, LLC for a conditional use permit (CUP) for a concentrated animal feeding operation (CAFO), holding that there was no error.Preston Miles, who owned the land where Arrow Farms planned to build the CAFO, petitioned for a writ of certiorari, arguing that the Board's decision was arbitrary and that several Board members were biased or held an unreasonable risk of bias. The circuit court affirmed the denial of the CUP, determining that none of the Board members had a disqualifying interest. The Supreme Court affirmed, holding that Miles was not entitled to relief on his allegations. View "Miles v. Spink County Board of Adjustment" on Justia Law

The Supreme Court reversed the decision of the circuit court determining that Julie Niemitalo released her right to bring this post-divorce civil suit against Richard Seidel for conduct that occurred while the parties were separated and in the process of obtaining a divorce, holding that the language of the agreement did not preclude Julie's civil suit against Richard.Julie asserted that while the divorce action was pending Richard attacked her, bound her, and raped her. A jury found Richard guilty of all offenses. In Julie's pending civil suit she brought claims for intentional infliction of emotional distress, negligent infliction of emotional distress, false imprisonment, and civil battery. The circuit court granted summary judgment for Richard, determining that a divorce agreement between the parties was unambiguous and interpreted it to be a broad release and full and final settlement of all claims. The Supreme Court reversed, (1) the language in the agreement did not preclude Julie's lawsuit; and (2) res judicata did not apply. View "Niemitalo v. Seidel" on Justia Law

The Supreme Court affirmed Defendant's conviction of driving under the influence (DUI), abuse of or cruelty to a minor, reckless driving, and other offenses, holding that there was no error in the proceedings below.On appeal, Defendant argued that the circuit court erred by denying his motion for judgment of acquittal, by denying his motion for mistrial, and by erroneously instructing the jury regarding blood test refusal evidence. The Supreme Court affirmed, holding that the circuit court (1) did not err in denying Defendant's motion for judgment of acquittal on his DUI, reckless driving, and abuse of or cruelty to a minor convictions; (2) did not err by denying Defendant's motion for mistrial; and (3) properly instructed the jury regarding the blood test refusal evidence. View "State v. Nelson" on Justia Law

The Supreme Court affirmed the final order of the circuit court terminating Mother's parental rights to their minor child, holding that there was no error.The court issued a final dispositional order terminating Mother's parental rights over her child and granted the Department of Social Services (DSS) full adoptive custody of the child, finding beyond a reasonable doubt that DSS made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts were unsuccessful. The Supreme Court affirmed, holding that the circuit court (1) did not err in finding that DSS made active efforts to reunify L.N. with Mother; (2) did not clearly err in finding that termination of Mother's parental rights was the least restrictive alternative and in L.N.'s best interests; and (3) did not violate Mother's due process rights in denying her request to continue the final dispositional hearing. View "In re Interest of L.N." on Justia Law

The Supreme Court affirmed the magistrate court's decision granting Defendant's motion to suppress, holding that the magistrate court did not err in determining that the community caretaker exception to the Fourth Amendment did not apply.After Sioux Falls dispatch received a call from a six-year-old boy saying that "daddy was being mean to mom" and that his dad was leaving to go to his car an officer followed the dad (Defendant) in his automobile. The officer initiated a traffic stop and, after further investigation, placed Defendant under arrest for driving under the influence and driving with a suspended license. Defendant filed a motion to suppress, arguing that the officer stopped his car without probable cause or a reasonable and articulable suspicion. The magistrate court granted the motion to suppress. The Supreme Court affirmed, holding that the officer's actions were beyond the scope of a community caretaker, and therefore, Defendant's motion to suppress was properly granted. View "State v. Grassrope" on Justia Law

The Supreme Court reversed the order of the circuit court denying a petition seeking the appointment of a special administrator to pursue a wrongful death claim for Dale Dean Jones's estate, holding that the court abused its discretion by failing to address certain discovery motions before deciding the petition for special administrator.After Dale died intestate, the circuit court appointed Dale's wife, Lisa Jones, as his estate's personal representative. Douglas Jones and Jessica Jones, Dale's adult children, subsequently petitioned for the appointment of a special administrator to pursue a wrongful death claim for Dale's estate and further served discovery requests on Lisa seeking information pertaining to their petition. The court denied the petition for special administrator and determined that the discovery issues were moot. The Supreme Court reversed, holding that the circuit court denied Doug and Jessica the opportunity to develop and present evidence that may be relevant to their petition. View "In re Estate of Jones" on Justia Law

The Supreme Court affirmed the judgment of the circuit court committing D.S., a fourteen-year-old male, to the Department of Corrections (DOC), holding that the circuit court did not err.D.S. was adjudicated for possessing a stolen motor vehicle and aggravated eluding. After a dispositional hearing, the circuit court denied D.S.'s request for a probationary sentence based on an expert's opinion that D.S. could be treated in the community and granted the State's request that D.S. be placed with the DOC. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion or clearly err in finding that there was no viable alternative to DOC commitment and that a DOC commitment was the least restrictive alternative in this case. View "In re D.S." on Justia Law