Justia South Dakota Supreme Court Opinion Summaries

The case involved drainage issues between adjoining landowners. Robert and Nancy Rumpza and Zubke Brothers LLC (Brothers) brought this action against David and Marilyn Zubke seeking an injunction and damages. They alleged that the Zubkes changed the natural flow characteristics of water draining from the Zubkes’ property to the Rumpzas’ and Brothers’ properties. The circuit court granted an injunction against the Zubkes and awarded damages to the Rumpzas and Brothers. The Supreme Court affirmed the injunction and Brothers’ damages award but reversed the Rumpzas’ damages award, holding (1) the circuit court did not abuse its discretion in granting the injunction; (2) the circuit court’s factual findings regarding Brothers’ measure of damages were not clearly erroneous; but (3) there was no support in the record for the court’s findings regarding the Rumpzas’ measure of damages. View "Rumpza v. Zubke" on Justia Law

The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of Defendant on Plaintiff’s claim alleging negligence in constructing a retaining wall from which Plaintiff suffered an injury. The circuit court granted summary judgment in favor of Defendant on the grounds that the statutory time period to bring a claim had expired because the retaining wall had been substantially completed more than ten years prior to the commencement of this action. See S.D. Codified Laws 15-2A-3. The Supreme Court disagreed, holding that section 15-2A-3 did not bar the claim at issue because Plaintiff met her burden to set forth material facts to avoid application of the statute. View "Brude v. Breen" on Justia Law

The Supreme Court affirmed Defendant’s convictions for eight offenses, rendered after a jury trial. The court held (1) the circuit court did not err in admitting certain out-of-court statements as res gestate evidence; (2) the evidence was sufficient to support Defendant’s conviction of possession of a controlled substance while armed with a firearm; (3) the evidence was sufficient to support Defendant’s conviction of simple assault on a law enforcement officer while armed with a firearm; and (4) the evidence was sufficient to support Defendant’s conviction of possession of a controlled substance. View "State v. Kiir" on Justia Law

The Supreme Court affirmed in part and reversed in part the circuit court’s affirmance of the Board of Minerals and Environment’s determination that it had subject matter jurisdiction over a petition regarding mine permit Nos. 445 and 460. Robert Fowler and Harlan Schmidt, intervenors in LAC Mineral USA, LLC’s petition, brought this appeal. The Supreme Court affirmed in part and reversed in part, holding (1) mining application requirements and mining permit amendment application requirements are not requirements that need to be met for the Board to obtain subject matter jurisdiction over a mining permit or permit amendment application, and therefore, the circuit court correctly found that the Board had jurisdiction over the matter; (2) the intervenors waived the issue whether S.D. Codified Laws 45-6B-44 and S.D. Codified Laws 45-6B-45 denied Fowler due process; but (3) the circuit court and Board erred in determining that Fowler was not a landowner, as that issue was not properly before the circuit court or Board. View "In re LAC Minerals (USA), LLC’s Petitioner for Release of Reclamation Liability" on Justia Law

The Supreme Court affirmed a jury verdict in favor of defendant David Stukel and reversed the circuit court’s decision requiring Stukel to pay a portion of the fee for an expert witness called by plaintiff Mervin Nicolay. Nicolay sued Stukel and K&K Management Services, Inc. after Stukel’s vehicle struck the rear of Nicolay’s vehicle, alleging negligence and negligence per se. A jury unanimously found that Stukel was not negligent. The Supreme Court held that the circuit court (1) did not err by denying Nicolay’s motion for partial summary judgment on the issue of Stukel’s liability; (2) did not err by denying Nicolay’s motion for a new trial; (3) did not err by admitting a patrolman’s deposition, during which Stukel’s attorney showed the patrolman a newspaper article to refresh his memory; but (4) erred by requiring Stukel to pay a portion of the disputed expert witness fee. View "Nicolay v. Stukel" on Justia Law

The Supreme Court vacated Defendant’s convictions for six counts of perjury but affirmed her convictions for six counts of offering false or forged instruments for filing. The convictions stemmed from Defendant’s act of signing a sworn verification that she personally circulated nominating petitions containing voters’ signatures in order to get her name placed on the ballot for election to the United States Senate. Defendant, however, did not personally circulate these petitions, which she submitted to the Secretary of State. The Supreme Court held (1) signing a nominating petition under a written oath before submitting it to a state authority is not a statement made in a “proceeding or action” under S.D. Codified Laws 22-29-1, and therefore, the circuit court erred in denying Defendant’s motion for judgment of acquittal on the perjury charges; (2) submitting a nominating petition with a circulator’s verification signed by someone other than the person who circulated the petition is offering a false or forged instrument under S.D. Codified Laws 22-11-28.1; and (3) there was sufficient evidence to support Defendant’s convictions for offering false or forged instruments for filing. View "State v. Bosworth" on Justia Law

The Supreme Court affirmed the circuit court’s dismissal of Son’s action to invalidate amendments to Settlor’s revocable trust to expressly disinherit Son as well as the dismissal of Son’s breach of fiduciary duty claim and request for an accounting.Following Settlor’s death, Son commenced this action to invalidate the amendments to Settlor’s revocable trust on the grounds that Settlor lacked capacity and was unduly influenced. Son also made a claim for breach of fiduciary duty and requested an accounting. The circuit court dismissed the petition, finding that Son’s claims were barred by S.D. Codified Laws 55-4-57(a)’s time limitations for commencing a judicial proceeding. The Supreme Court affirmed, holding (1) the circuit court correctly dismissed the lack of capacity and undue influence claims as untimely; (2) because Son did not commence an action against the trustee of the trust in her individual capacity, the circuit court did not err in dismissing the breach of fiduciary duty claim; and (3) the circuit court did not err in dismissing Son’s request for an accounting where Son had no standing to demand an accounting. View "In re Elizabeth A. Briggs Revocable Living Trust" on Justia Law

The Supreme Court reversed the circuit court’s dismissal of Standard Fire Insurance Co.’s case against Continental Resources Inc. pursuant to S.D. Codified Laws 15-6-12(b)(5). Standard Fire brought suit seeking statutory reimbursement or, in the alternative, equitable subrogation of workers’ compensation benefits paid to an employee. The circuit court found that the terms of a settlement agreement barred further litigation and that res judicata applied. The Supreme Court disagreed and remanded the matter for further proceedings, holding that the circuit court erred when it determined that the plain language of the settlement agreement barred Standard Fire’s claim. View "Standard Fire Insurance Co. v. Continental Resources, Inc." on Justia Law

The Supreme Court reversed the circuit court’s grant of summary judgment in favor of Ivey and Kornmann, a partnership, on the Partnership’s action brought against William Welk to collect on a debt, holding that the circuit court incorrectly resolved two preliminary questions of law that foreclosed the court’s analysis of numerous additional issues of law and fact that both parties raised on appeal.When the Partnership commenced this action, Welk raised numerous affirmative defenses and also filed counterclaims against the Partnership for breach of contract, fraud, deceit, misrepresentation, negligent misrepresentation, and unjust enrichment. The circuit court granted summary judgment in favor of the Partnership on its action and on Welk’s affirmative defenses and counterclaims. The Supreme Court reversed and remanded, holding that the circuit court erred in resolving the questions of law regarding the legal effect of the partnership agreement and the viability of Welk’s counterclaims and that numerous unaddressed issues must be addressed by the circuit court. View "Ivey & Kornmann v. Welk" on Justia Law

The Supreme Court affirmed the circuit court’s issuance of protection orders in favor of Abigail Parker against both her husband Jordan Parker and Jordan’s sister, Jasmyn Bauer. The court (1) the court did not err in granting a protection order against Jordan on the grounds of domestic abuse because the court’s findings supported that Jordan knowingly and willfully engaged in a series of acts that repeatedly harassed Abigail; (2) the court’s findings supported the issuance of a protection order entered against Jasmyn; and (3) none of the parties was entitled to attorneys’ fees pursuant to S.D. Codified Laws 26A-87.3. View "Parker v. Parker" on Justia Law