Justia South Dakota Supreme Court Opinion Summaries

At issue was not the circuit court’s subject matter jurisdiction over a trust but, rather, the circuit court’s authority to enforce an order.The beneficiary of the trust filed a motion for an order to show cause for why the trustee failed to follow an order of the circuit court. The circuit court held the trustee in contempt, found that the trustee had breached his fiduciary duties to the beneficiary, and found that the trustee had misappropriated trust funds. The court ordered the trustee to personally reimburse the trust for the misappropriated funds and to personally pay the beneficiary attorney fees. The Supreme Court affirmed, holding (1) the circuit court had authority to enforce its order and did not clearly err when it found that the trustee violated the order; and (2) the circuit court did not err when it found that the trustee breached his fiduciary duties as trustee of the trust and did not err in its remaining decisions. View "In re Heupel Family Revocable Trust" on Justia Law

The Supreme Court dismissed this appeal from a circuit court order granting Defendant’s motion to compel arbitration, holding that no statutory authority existed to entertain the appeal as a matter of right.Plaintiffs sued Defendant seeking a declaratory judgment and rescission of a contract for the sale of land and an incorporated lease. The circuit court issued a temporary restraining order against Defendant and a show cause order setting a hearing for preliminary injunction. Thereafter, Defendant filed a demand for arbitration. The circuit court entered an order compelling arbitration on all claims alleged in Plaintiffs’ complaint. Plaintiffs appealed. The Supreme Court dismissed the appeal, holding that the order compelling Plaintiffs to engage in arbitration was not an order appealable as a matter of right under either S.D. Codified Laws 15-26A-3(2) or S.D. Codified Laws 21-25A-35. View "Stoebner v. Konrad" on Justia Law

The Supreme Court reversed in part a dispositional order in a child abuse and neglect proceeding that awarded Mother custody of the parties’ child, with supervised visitation rights for Father.On appeal, Father argued that the circuit court erred in adjudicating him on the abuse and neglect petition and challenged the circuit court’s decision to place custody of the parties’ child with Mother and the denial of his motion to change custody. The Supreme Court summarily affirmed as to all issues raised by Father, except for one issue, holding that the circuit court erred in granting Mother custody and dismissing the case. The Court remanded that part of the dispositional order awarding Mother custody of the child with instructions for the circuit court to consider whether it should be modified to include provisions for protective supervision of the child by the South Dakota Department of Social Services under S.D. Codified Laws 26-8A-22 and/or for a protection order under S.D. Codified Laws 26-7A-107. View "In re M.C." on Justia Law

The Supreme Court reversed the circuit court’s judgment reversing the decision of the South Dakota Commission on Gaming, which revoked Defendant’s gaming support license and banned him from entering any gaming establishment in South Dakota, holding that the sanction imposed by the Commission was within its discretion.The Commission revoked Defendant’s license and imposed a sanction after concluding that Defendant mishandled money while working in a casino and that he was untruthful in the subsequent investigation. The circuit court concluded that several of the Commission’s factual findings were clearly erroneous and that the sanction imposed by the Commission was an abuse of discretion. The Supreme Court reversed, holding that the Commission (1) did not err by concluding that Defendant acted dishonestly or fraudulently; and (2) did not abuse its discretion by revoking Defendant’s license and adding him to the exclusion list. View "South Dakota Commission on Gaming v. Johnson" on Justia Law

The Supreme Court vacated the decision of the circuit court affirming the decision of the South Dakota Public Utilities Commission issuing an order accepting the certification of TransCanada Keystone Pipeline LP that it continued to meet permit conditions, holding that the circuit court lacked jurisdiction to hear Appellants’ appeals.The Commission granted a permit to TransCanada to construct the Keystone XL Pipeline in South Dakota. None of the parties in that proceeding appealed the order issuing a permit. Because TransCanada was unable to commence construction within four years, it certified that it continued to meet the permit conditions, as required by S.D. Codified Laws 49-41B-27. After conducting an evidentiary hearing, the Commission accepted the certification. Appellants - the Cheyenne River Sioux Tribe, the Yankton Sioux Tribe, and Dakota Rural Action - each appealed. The circuit court affirmed. The Supreme Court consolidated the appeals, vacated the circuit court’s decision, and dismissed the appeal, holding that the circuit court lacked jurisdiction to hear the appeals. View "In re Keystone XL Pipeline" on Justia Law

The Supreme Court affirmed the judgment of the trial court entering judgment on the jury’s general verdict in favor of real-estate developers (Developers) and against the City of Rapid City in this suit seeking to recover the prospective cost of repairing roads in a development outside Rapid City.Specifically, the Court held that the circuit court did not err by (1) denying the City’s motion for summary judgment on the issue of liability; (2) excluding evidence of the Developers’ litigation and settlement with their subcontractors; (3) granting one of the developer’s motion for judgment as a matter of law; (4) instructing the jury on estoppel defenses; and (5) not instructing the jury on the City’s public-nuisance claim. View "City of Rapid City v. Big Sky, LLC" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the judgment of the circuit court in these divorce proceedings.At the conclusion of the proceedings, the circuit court (1) accepted Wife’s valuation of the parties’ residence, which differed from Husband’s valuation; (2) included Wife’s student loans, which were incurred before the parties were married, in the marital corpus; (3) ordered Wife to make a cash-equalization payment to Husband over time with an interest rate of four percent; (4) awarded Husband alimony on the condition that he annually release his medical and counseling records to Wife; and (5) denied Husband’s request for attorney fees. The Supreme Court reversed in part, holding (1) coupling the alimony award to the execution of a full waiver of Husband’s physician- and psychotherapist-patient privileges was an abuse of discretion; and (2) this case must be remanded for the circuit court to enter findings of fact and conclusion of law on Husband’s request for attorney fees. The Court otherwise affirmed the judgment. View "Osboda v. Kelley-Osboda" on Justia Law

The circuit court did not err in denying Sellers’ motions for judgment as a matter of law and for a new trial in this case brought by Buyers against Sellers of a house alleging violation of statutory disclosure requirements.Shortly after purchasing a house, Buyers experienced water-penetration issues. Buyers sued Sellers, claiming violation of the statutory disclosure requirements, fraudulent misrepresentation, fraudulent concealment, and negligent misrepresentation. The jury found in favor of Buyers on its statutory disclosures claim and in favor of Sellers on the remaining claims. On appeal, the Supreme Court held that the circuit court (1) did not err in denying Sellers’ renewed motion for judgment of a matter of law and Sellers’ motion for new trial; and (2) did not abuse its discretion in declining to award attorney fees. View "Center of Life Church v. Nelson" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the judgment of the circuit court granting summary judgment for Defendant, a used-car dealer, on Plaintiffs’ claims alleging that the used vehicle they purchased from Defendant was sold without a muffler and that they suffered carbon monoxide poisoning from the vehicle.The circuit court granted Defendant’s motion for summary judgment on all claims, concluding that Plaintiffs failed to generate a question of fact as to causation. On appeal, the Supreme Court held (1) the circuit court erred in granting Defendant’s motion for summary judgment because there was sufficient evidence in the record for a jury to conclude that the defective exhaust system probably caused Appellants’ carbon monoxide exposure; and (2) the circuit court did not err in denying Appellants’ request for fees incurred by their expert in preparing for a deposition noticed by Defendant. View "Garrido v. Team Auto Sales, Inc." on Justia Law

The Supreme Court affirmed in part and reversed in part the circuit court’s judgment in favor of Plaintiffs awarding damages and an easement enabling Plaintiffs to install an independent tile line underneath Defendant’s property.Uphill landowners (Plaintiffs) and downhill landowner (Defendant) agreed to connect their drain-tile systems to allow for improved drainage across their parcels. Plaintiffs built and maintained an independent tile line that ran across Defendant’s property. Defendant experienced flooding. Believing that the connection of Plaintiffs’ drain tile to his system was the cause, Defendant obstructed the connection and then disconnected his drain-tile system from Plaintiffs’ system, causing water to pool on Plaintiffs’ property. Plaintiffs filed a complaint seeking damages and an order permitting them to reconnect the two systems. Defendant counterclaimed arguing that Plaintiffs unlawfully discharged water onto his land. The circuit court held in favor of Plaintiffs. The Supreme Court held that the circuit court (1) did not err in concluding that promissory estoppel entitled Plaintiffs to damages and an easement because the parties agreed that Plaintiffs would discharge water into Defendant’s drain-tile system; but (2) erred in concluding a trespass occurred because Defendant did not cause water to enter Plaintiffs’ land where the water was already on the land and Defendant simply caused it to remain there. View "Zwart v. Penning" on Justia Law