Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court affirmed the order of the circuit court dissolving Buffalo Chip's municipal incorporation, holding that the State had the authority to petition the court for such relief and that the circuit court did not err in holding that Buffalo Chip failed to satisfy the residency requirements in S.D. Codified Laws 9-3-1.Specifically, the Supreme Court held (1) the circuit court properly allowed the State to institute this action against Buffalo Chip under S.D. Codified Laws 21-28-2(3) and S.D. Codified Laws 9-3-20; and (2) the circuit court did not err in its interpretation of S.D. Codified Laws 9-3-1. View "State v. Buffalo Chip" on Justia Law

The Supreme Court reversed the decision of the circuit court dismissing Petitioners' appeal from the decision of the Turner County Board of Adjustment approving an application for the construction and operation of a concentrated animal feeding operation (CAFO) on the grounds that Petitioners lacked standing, holding that the circuit court erred in dismissing the appeal for an inadequate showing of standing.After the Board voted unanimously to approve the CAFO application Petitioners, who owned land near the proposed CAFO, petitioned the circuit court for a writ of certiorari. The circuit court concluded that Petitioners lacked standing because they failed to present sufficient facts demonstrating a unique and personal injury compared to Turner County taxpayers in general. The Supreme Court reversed, holding that Petitioners set forth sufficient specific facts showing a personal and pecuniary loss not suffered by taxpayers in general. View "Powers v. Turner County Board of Adjustment" on Justia Law

The Supreme Court reversed the orders of the circuit court sustaining Defendants' motions to suppress evidence seized by law enforcement, pursuant to a search warrant, at the apartment where Defendants resided, holding that probable cause existed for the issuance of the search warrant.Defendants - Carrie Lynn Ostby and Dana Olmsted - were indicted on drug-related charges. The circuit court granted Defendants' motions to suppress, determining that probable cause did not exist for the warrant to search Defendants' apartment and that the exigent circumstances exception to the warrant requirement was inapplicable. The Supreme Court reversed, holding (1) the affidavit in support of the search warrant established probable cause to search the apartment where Defendants resided; and (2) therefore, it was unnecessary to consider whether the good-faith exception applied to the exclusionary rule. View "State v. Ostby" on Justia Law

The Supreme Court affirmed the circuit court's judgment and decree of divorce entered on the grounds of extreme cruelty, as well as the court's determinations regarding child custody, property division, child support, and attorney fees and costs, holding that the court did not err or abuse its discretion.Specifically, the Supreme Court held (1) the circuit court did not commit clear error in granting Husband's request for a divorce on the grounds of extreme cruelty; (2) the circuit court did not abuse its discretion in its child custody determination, marital property division, child support calculation, or award of attorney fees; and (3) based on Wife's refusal to comply with the court's judgment and decree of divorce, the court did not commit clear error when it found Wife in contempt of court. View "Evens v. Evens" on Justia Law

The Supreme Court affirmed the circuit court's grant of summary judgment in favor of Defendants with respect all of Plaintiff's claims except for counts four and five, holding that the circuit court did not err in granting summary judgment.This litigation arose from Aqreva, LLC's purchase of medical practice management service from Eide Bailly, LLP. Aqreva sued Eide Bailly, Shelly Kampmann, Lee Brandt, and LJB, Inc. claiming breach of contract and various torts, alleging that Defendants violated non-compete, non-solicitation, and confidentiality clauses in several contracts and that Defendants committed, among other torts, civil conspiracy and fraud. The circuit court granted summary judgment in favor of Defendants with respect to all claims except for those concerning Kampmann's employment agreement and the alleged tortious interference with a contract by Brandt and LJB. The Supreme Court affirmed, holding the the circuit court properly granted summary judgment on counts one through three and six through nine. View "Aqreva, LLC v. Eide Bailly, LLP" on Justia Law

The Supreme Court issued an advisory opinion requested by the Governor of the State of South Dakota questioning whether the South Dakota Constitution or any state law prohibits a current state legislator from being eligible to receive funds from coronavirus relief fund (CRF) Grant Programs. The Supreme Court concluded that a solemn occasion existed and that it would answer the question posed. The Court then answered that S.D. Const. Art. III, 12 precludes a current state legislator from contracting directly or indirectly with the State to receive funds from CRF Grant Programs. View "In re Interpretation Of South Dakota Constitution and State Laws Regarding Eligibility For CRF Grant Programs" on Justia Law

The Supreme Court affirmed Defendant's conviction of first-degree murder and mandatory sentence of life in prison, holding that there as no prejudicial error in the proceedings below.Specifically, the Supreme Court held (1) Defendant's conviction was supported by sufficient evidence; (2) the decisions of the circuit court denying Defendant's request to strike expert DNA testimony and his motion to change venue were not outside the range of permissible discretionary choices; and (3) the court did not err in refusing sua sponte to strike the prosecutor's comment about the victim's father or to issue a curative instruction. View "State v. Krueger" on Justia Law

The Supreme Court reversed the decision of the circuit court granting summary judgment in favor of Defendants and dismissing Plaintiffs' request for a preliminary injunction alleging the existence of an easement allowing access to a gravel pit on Defendants' property, holding that the circuit court erred when it refused to recognize an easement implied by prior use.When Defendants attempted to block Plaintiffs' use of an access road to the gravel pit on Defendants' property Plaintiffs commenced the current action. The circuit court granted summary judgment for Defendants on Plaintiffs' easement implied by prior use claim. The Supreme Court reversed, holding that, under the circumstances of this case, the circuit court (1) erred in applying the substantive law and the standards required by S.D. Codified Law 15.6-56; and (2) erred when it granted Defendants' motion for summary judgment. View "Heumiller v. Hansen" on Justia Law

The Supreme Court affirmed the order of the circuit court granting Defendants' motion for judgment on the pleadings and dismissing Plaintiff's fraud and deceit claims, holding that the claims were time barred.Plaintiff sued a law firm and its attorneys, alleging legal malpractice, fraud and deceit related to their representation of Plaintiff on criminal charges. The circuit court granted judgment on the pleadings for Defendants, concluding that the claims were time-barred by the three-year statute of repose for legal malpractice under S.D. Codified Laws 15-2-14.2. Plaintiff appealed, arguing that the circuit court erred in dismissing the fraud and deceit claims because those claims were subject to a six-year statute of limitations. The Supreme Court affirmed, holding (1) Plaintiff's fraud and deceit claims were subsumed within his malpractice claim; and (2) therefore, all of Plaintiff's claims were precluded under the repose statute. View "Slota v. Imhoff" on Justia Law

The Supreme Court affirmed Defendant's conviction for first-degree burglary and grand theft, holding that the circuit court did not err when it denied Defendant's motion to suppress and when in denied Defendant's motion for expert fingerprint testing.Defendant filed a motion to suppress gun evidence that was returned to the owner before trial, arguing that the State would be unable to establish a proper chain of custody. The circuit court denied the motion to suppress. The Supreme Court affirmed, holding (1) although the law enforcement officers and the prosecutor did not comply with statutory standards before releasing the evidence to its owner, the circuit court did not err in denying the motion to suppress because the guns did not possess apparent exculpatory value; and (2) even if the circuit court abused its discretion by denying Defendant's request for fingerprint testing, there was no prejudice. View "State v. Zephier" on Justia Law