Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court granting the motion brought by Robert and Shannon Bathurst to dismiss the underlying lawsuit because a statute of limitations barred Linda Paul from bringing her claim against them, holding that dismissal was improper.Paul brought this action against Robert, Shannon, and Stonemeadow Ranch, LLC, alleging breach of contract, quantum merit, unjust enrichment, and promissory estoppel. Shannon and Robert moved to dismiss for failure to state a claim and, in the alternative, argued that Paul's claims were time-barred by the statute of limitations set forth in S.D. Codified Laws 15-2-15(4). The Supreme Court applied a two-year statute of limitations and granted the motion to dismiss based on the alternative argument of the statute of limitations. The Supreme Court reversed in part, holding (1) the record did not allow a determination of which statute of limitation applied at this early stage of the proceedings; and (2) the circuit court did not err when it denied the motion to dismiss for failure to state a claim upon which relief could be granted. View "Paul v. Bathurst" on Justia Law

The Supreme Court vacated a portion of the circuit court's decision concerning public comment at some of the board meetings held by Rapid City Area School District 51-4 (RCAS) and affirmed the court's decision not to review a determination made by a state's attorney concerning an alleged violation of a separate open meeting statute, holding that the first issue was nonjusticiable.Plaintiffs commenced this action against RCAS seeking a declaration that RCAS was acting contrary to South Dakota's open meeting law by not allowing public comment at some of its board meetings. The circuit court granted summary judgment in favor of RCAS and concluded that it could not review the state's attorney's determination. The Supreme Court (1) vacated the portion of the circuit court's decision concerning public comment, holding that there was no longer a live controversy regarding the interpretation of "regularly scheduled official meeting" as used in S.D. Codified Laws 1-25-1, and therefore, the issue was moot; and (2) affirmed the court's decision not to review the state's attorney's determination, holding that S.D. Codified Laws chapter 1-25 did not confer jurisdiction upon circuit courts to review the actions of a state's attorney taken under S.D. Codified Laws 1-25-6. View "SD Citizens For Liberty, Inc. v. Rapid City Area School" on Justia Law

The Supreme Court reversed the decision of the circuit court granting summary judgment for Lakota Lakes and denying Emily Bialota's cross-motion for summary judgment in this quiet title action, holding that Bialota accomplished valid service on the Minnesota Secretary of State.Bialota brought an action to quiet title in Pennington County, alleging that she had fee simple ownership in real property previously owned by Lakota Lakes but later sold at a tax sale. In its summary judgment motion, Lakota Lakes claimed that it had not been validly served with the notice of intent to take tax deed, rendering the tax deed void. In her cross-motion for summary judgment, Bialota argued that service upon Lakota Lakes was proper and that Pennington County had correctly issued a tax deed based upon her affidavit of completed service. The Supreme Court reversed, holding (1) South Dakota law controlled this Court's determination whether Bialota personally served the Secretary as Lakota Lakes' registered agent; (2) Bialota accomplished valid service on the Secretary; and (3) Bialota was entitled to the tax deed to the property. View "Bialota v. Lakota Lakes, LLC" on Justia Law

The Supreme Court reversed the judgment of the circuit court denying the State's motion to dismiss the second petition for a writ of habeas corpus filed by David Lee in 2004, holding that Lee's claim for habeas relief must be denied.Lee brought his second habeas corpus petition in 2004, alleging that his habeas counsel was ineffective for failing to seek a certificate of probable cause in his first habeas corpus proceeding. It wasn't until 2019, however, that Lee served the State with the provisional writ. The State moved to dismiss the writ, arguing that after the expiration of the statutory 30-day period for filing a motion for a certificate of probable cause under S.D. Codified Laws 21-27-18.1, the court did not have the authority to issue a certificate of probable cause. The circuit court denied the motions to dismiss. The Supreme Court reversed, holding (1) Lee had no right to appeal absent a certificate of probable cause issued by the habeas court or a member of the Supreme Court, and Lee had no right to a certificate of probable cause; and (2) even if Lee's habeas counsel was ineffective, it did not deprive Lee of any constitutional or statutory right that may be vindicated in a habeas corpus proceeding. View "Lee v. Weber" on Justia Law

The Supreme Court affirmed the judgment of the trial court convicting Defendant of second-degree murder and sentencing him to forty years in prison, holding that Defendant was not entitled to relief on his allegations of error.Specifically, the Supreme Court held (1) as concerning the prosecutor's effort to conceal the State's involvement in Defendant's transfer proceedings, the circuit court properly exercised its discretion to neutralize any error; (2) the circuit court acted within its discretion to denying Defendant's motion for mistrial; (3) viewed in their entirety, the instructions given to the jury correctly stated the applicable law; (4) the exercise of the circuit court's discretion did not contravene Defendant's right to present a complete defense; and (5) Defendant's sentence could not be described as grossly disproportionate to his crime. View "State v. Black Cloud" on Justia Law

The Supreme Court affirmed on appeal two orders of the circuit court in which the court denied the requests brought by Mark and Annessee Brockley to hold Michael Trucano, the Michael J. Truman Living Trust, and Hickoks Hotel & Suites, LLC in contempt, holding that there was no error.The Brockleys sued several entities seeking the amount remaining due on a contract. The circuit court granted partially summary judgment in favor of the Brockleys. At issue was the circuit court's charging order directing an entity that later changed its name to Hickoks to pay certain distributions owed to the Brockleys. The Brockleys filed motions for an order to show cause claiming that several defendants should be held in contempt for violating the charging order. The circuit court denied the motion. The Supreme Court affirmed, holding that the circuit court was not clearly erroneous when it found that neither Trucano, the Trucano Trust, nor Hickoks willfully or contumaciously violated the charging order. View "Brockley v. Ellis" on Justia Law

The Supreme Court reversed in part and remanded in part the judgment of the circuit court determining that Tom Smith Masonry had a valid mechanic's lien for the unpaid balance due under a construction contract with WIPI Group USA, Inc., holding that the circuit court erred in denying Smith Masonry a judgment of foreclosure on the mechanic's lien for the full amount of the recorded lien.Smith Masonry instituted a mechanic's lien foreclosure action against WIPI seeking to recover unpaid balance due under the parties' construction contract and an award of attorney fees. WIPI counterclaimed for breach of contract. The circuit court ultimately denied both parties relief, determining that Smith Masonry had a valid mechanic's lien for the unpaid contract balance but that WIPI was entitled to an offset because the work did not meet the reasonable standard for construction. The Supreme Court reversed in part and remanded or the court to enter a judgment of foreclosure in favor of Smith Masonry on its mechanics lien, holding that the circuit court erred in determining that WIPI was entitled to a wholesale offset of the amount due under the contract. View "Smith Masonry v. WIPI Group, USA" on Justia Law

The Supreme Court reversed the decision of the circuit court granting summary judgment in favor of The Genevieve J. Parmely Revocable Trust asking the court to determine that an option agreement made with Brad Magness was invalid because of the absence of consideration, holding that the circuit court erred.In denying summary judgment for Magness and in granting the Trust's second motion for summary judgment the circuit court determined that the written option agreements at issue were not supported by independent consideration and were null and void. The Supreme Court reversed, holding that the Trust failed to rebut the presumption of consideration established by S.D. Codified Laws 53-6-3. View "Genevieve J. Parmely Revocable Trust v. Magness" on Justia Law

The Supreme Court reversed the determination of the circuit court that the Day County Board of Adjustment could reconsider and modify a previously-granted variance, holding that the Board of Adjustment no longer had the authority to reconsider the variance when it did so.Appellants were informed that their property violated the Day County Planning and Zoning Ordinance because they altered the grading and added rocks. Appellant subsequently sought a variance from the ordinance allowing the existing grading and rocks to remain. The Board of Adjustment unanimously approved the application. The Board subsequently reconsidered the variance and modified it. Appellants later applied for a permit to build a house on their property. The Board of Adjustment denied the application because Appellants had not complied with the modified variance. The circuit court denied Appellants' request for relief and dismissed their complaint. The Supreme Court reversed, holding that because the Board of Adjustment did not reconsider the variance before the appeal time expired, Appellants were entitled to a declaration of their rights under the variance the Board granted. View "Gonsor v. Day County Planning Commission" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree manslaughter and aggravated assault and sentencing him to life imprisonment, holding that Defendant's sentence did not violate the Eighth Amendment.Defendant pled guilty to first-degree manslaughter and aggravated assault. The circuit court sentenced Defendant to life without the possibility of parole for first-degree manslaughter and to a term of fifteen years for aggravated assault to run concurrently with his life sentence. Defendant appealed, arguing that his life sentence constituted cruel and unusual punishment and that the circuit court abused its discretion by imposing a life sentence without the possibility of parole. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion. View "State v. Caffee" on Justia Law