Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation awarding Tammy Lagler, who suffered a workplace injury, permanent-total-disability (PTD) compensation but reversing the decision to award it as a lump sum.The Department determined that Lagler was entitled to PTD compensation and issued a decision granting Lagler’s request for a lump-sum but denying her request for attorney fees. The circuit court affirmed the Department’s decision regarding Lagler’s entitlement to compensation but reversed the Department’s decision to award compensation as a lump sum. The court also reversed the Department’s denial of attorney’s fees. The Supreme Court affirmed, holding that the circuit court did not err by affirming the Department’s decision to award PTD compensation or by reversing the Department’s decision to deny attorney’s fees. The court also correctly determined that Lagler was not entitled to a lump-sum award. View "Lagler v. Menard, Inc." on Justia Law

The Supreme Court affirmed the circuit court’s order denying Defendant’s motion to suppress evidence on the grounds that the police officer lacked reasonable suspicion to initiate an investigatory traffic stop and that the search warrant for a blood sample was invalid under South Dakota law.Defendant appealed from an order entering a suspended imposition of sentence after he was found guilty of driving under the influence of alcohol. The Supreme Court affirmed the denial of Defendant’s motion to suppress, holding (1) the circuit court’s finding that the officer observed the vehicle cross the center line provide the officer reasonable suspicion to initiate the stop; and (2) the warrant obtained for Defendant’s blood draw did not violate the Warrants Clause of the South Dakota Constitution. View "State v. Bowers" on Justia Law

The Supreme Court reversed the circuit court’s decision affirming the determination of the South Dakota Department of Labor’s Division of Human Rights (DHR) that there was not probable cause to believe the allegations of Joyce Riggs that Bennett County Hospital and Nursing Home, her former employer, opposed her claim for unemployment benefits in retaliation for her earlier request for permission to bring a companion dog to work.The Supreme Court neither affirmed nor reversed the decision of DHR, but remanded the case back to DHR for further consideration, holding that DHR’s decision was incomplete and the circuit court’s affirmance was premature. View "Riggs v. Bennett County Hospital & Nursing Home" on Justia Law

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