South Dakota Supreme Court Decisions 2022

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court denying Appellant's application for attorney fees as a co-trustee under S.D. Codified Laws 55-3-13, holding that the circuit court abused its discretion in…

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation approving Claimant's request for benefits, holding that there was no…

Justia Opinion Summary: In this action brought by the City of Sioux Falls seeking to have a partially completed house demolished under a City ordinance the Supreme Court affirmed the circuit court's grant of summary judgment to the City,…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court finding that a surviving wife (Wife) did not voluntarily enter into a premarital agreement that waived any right she had to the…

Justia Opinion Summary: The Supreme Court affirmed the decision of the Turner County Board of Adjustment to grant Intervenors, Steve and Ethan Schmerichel and Norway Pork Op, LLC, a conditional use permit (CUP) for a large concentrated animal…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court in this action to foreclose a materialmen's lien to recover for material and labor Ed Suvada expended in renovating a cabin for George and Christine Muller,…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of open container and driving under the influence (DUI) and imposing a suspended imposition of sentence, holding that the circuit court did not err in denying Defendant's…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting Alice and Vernon Cook a divorce on the grounds of irreconcilable differences, holding that the circuit court's property award and alimony award were…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court on remand declaring that Lynn and Lisa Schock satisfied the conditions of Bonnie J. Pease's handwritten holographic will, holding that the circuit court did…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court granting Sally Johnson's request to supervise and reform a trust and denied Mindy Smith's petition seeking clarification from the…

Justia Opinion Summary: In this action concerning a disputed agreement between between Kenneth and Rebecca Goens and Lynn VanSloten for the sale of an empty lot, the Supreme Court dismissed the appeal for lack of appellate jurisdiction under…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of first-degree rape and sexual contact, holding that Defendant was not entitled to relief on any of his allegations of error. After a second trial, a jury found…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of third-degree rape, entered following a jury trial, holding that there was sufficient evidence in the record to sustain the conviction, and therefore, the circuit court…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court determining that J. Clancy, Inc. had performed under a contract for renovations of a Spearfish hotel and that Khan Comfort, LLC had breached the contract by…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant, after a jury trial, of two counts of first-degree rape, holding that the circuit court did not abuse its discretion in the way it handled…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first-degree rape, in violation of S.D. Codified Laws 22-22-1(1), holding that the court did not err in denying Defendant's request to withdraw his guilty…

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court affirming the decision of the Hanson County Drainage Board granting a drainage permit sought by James Paulson to clean out a pre-existing ditch, holding that…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court granting a divorce to Husband and Wife on the grounds of irreconcilable differences, holding that the circuit court erred in…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court in favor of Liberty Mutual Fire Insurance Company in this insurance dispute, holding that the circuit court improperly dismissed the complaint for failure to…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Appellant's petition for habeas corpus, holding that the circuit court did not err in denying the petition after holding an evidentiary…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court in this action brought by Plaintiff to determine custody, child support, and shared parenting of the parties' child and on…

Justia Opinion Summary: The Supreme Court held that the S.D. Codified Laws chapter 21-65 does not create a private right of action that survives a vulnerable adult's death and that a predicate theft conviction is not required to maintain an…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the South Dakota Department of Revenue rejecting U.S. Bank's method of calculating its federal income tax deduction from net income subject to the state's bank franchise tax for…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for second-degree murder and aggravated battery of an infant, holding that the circuit court did not err during the proceedings below and that there was sufficient…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the circuit court granting summary judgment in this action brought by the personal representative of the Estate of Susan Markve against Kenneth…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of one count of aggravated assault and two counts of simple assault, holding that the circuit court did not err by denying Defendant's motion to sever or in admitted…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment for Landlord in this action brought by Tenant for damages arising from a bite from a dog owned by another tenant, holding that the…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of second-degree arson stemming from a fire that occurred in Defendant's home, for which she submitted a claim to her insurer seeking to recover for the damage to her…

Justia Opinion Summary: The Supreme Court held that S.D. Codified Laws 58-29B-56 provides a state insurance liquidator an additional 180 days to provide a notice of a claim under a claims-made professional liability policy. The South Dakota…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court denying the motions filed by Kristina Libbert and Darren Hickey to intervene in the underlying petition challenging the validity of an amendment to the Shirley…

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of a general contractor based on the general contractor's statutory immunity under S.D. Codified Laws 62-3-10, holding that…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying the cross-motions for summary judgment filed by the parties in this case, holding that summary judgment should have been…

Justia Opinion Summary: In this divorce action, the Supreme Court affirmed in part and reversed in part orders entered by two different circuit court judges related to James Farmer's distributional interest in Lakota Lake Camp, LLC and orders…

Justia Opinion Summary: In this tort suit brought against an employer by an employee the Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying both parties' motions for summary judgment, holding that the…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court dismissing this complaint alleging several breaches related to conduct allegedly occurring in connection with the ownership and…

Justia Opinion Summary: The Supreme Court affirmed the decision of the South Dakota Public Utilities Commission (PUC) approving the application of Crowned Ridge Wind, LLC for a permit to construct a wind energy farm in northeast South Dakota,…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court determining that Healy Ranch, Inc. (HRI) possessed marketable record title to certain real property in Brule County, voiding Bret Healy's notice of claim, and…

Justia Opinion Summary: The Supreme Court affirmed the decision of the South Dakota Public Utilities Commission (PUC) approving the application of Crowned Ridge Wind II, LLC to construct a large wind energy farm in northeast South Dakota,…

Justia Opinion Summary: In this action to quiet title to a parcel of land in Brule County the Supreme Court affirmed the summary judgment decision of the circuit court determining that the current possessors of the subject land (Possessors)…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court determining that an offer from Dakota Legends Properties, LLP (DLP) was a bona fide offer that triggered Plaintiffs' right of first refusal to purchase the…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court determining that Denise Schipke-Smeenk was not entitled to specific performance of an agreement she made with her husband that…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court affirming the determination of the Department of Labor and Regulation that Appellant was not permanently totally disabled, holding that Appellant failed to…

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Meemic Insurance Company's motion to dismiss this action for lack of personal jurisdiction, holding that the minimum contacts necessary to support the…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the circuit court granting summary judgment dismissing claims brought by Luke McAllister, McAllister TD, LLC (MTD), and B-Y Internet, LLC (B-Y)…

Justia Opinion Summary: The Supreme Court granted the Rapid City Journal's application for a writ of mandamus and directed the Honorable Chad Callahan, magistrate judge, to provide the Journal access to any documents filed in Gary Cammack's…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court against Northern Rental Corporation and Steve Willis in this action stemming from the alleged breach of a lease agreement, holding that the circuit court erred…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court affirming the decision of the Department of Labor of Regulation granting Employer/Insurer's motion for summary judgment regarding…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of aiding, abetting, or advising grand theft by deception, holding that the circuit court did not err or abuse its discretion in the…

Justia Opinion Summary: The Supreme Court held that the circuit court did not err when it granted Nationwide's motion for summary judgment on its complaint seeking a declaratory judgment regarding its duty to indemnify and defend Defendants…

Justia Opinion Summary: Robinson purchased grain bin monitoring equipment for his Spink County farm, financed through an Equipment Lease Agreement with Northland. Northland’s place of business is in Minnesota. The Lease included a forum…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court dismissing Petitioner's petition for a writ of certiorari challenging the Lake County Board's decision to grant a variance to Hodne Homes, LLC to build a…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court convicting Defendant of violating S.D. Codified Laws 40-1-23 for having a "potentially dangerous animal," holding that the circuit court erred in failing to…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the habeas court denying Appellant's amended application for a writ of habeas corpus alleging that the indictment under which he was charged did not describe a public offense…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court finding Defendant guilty of aggravated assault, holding that the circuit court did not err in denying Defendant's motion for judgment of acquittal and his…

Justia Opinion Summary: In this appeal concerning the interpretation of a right of first refusal entered into by Dennis Powers and his father, Jerome Powers, the Supreme Court affirmed the decision of the circuit court granting summary judgment…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court upholding the decision of the White Township Board of Supervisors denying approval of the drainage project of Steven McLean and Matthew McLean, holding that…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting Mother's request for primary physical custody of the parties' daughter, V.F., and denying Father's request fo primary physical custody, holding that…

Justia Opinion Summary: The Supreme Court vacated the judgment of the circuit court reversing the decision of the Davison County Drainage Commission approving permits to install drain tile on Appellant's farmland, holding that the circuit court…

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court finding co-defendants Adrianna Reecy and Kevin Dickerson guilty of robbery and burglary and also finding Dickerson guilty of aggravated assault against Julio…

Justia Opinion Summary: The Supreme Court reversed in part the decision of the circuit court granting summary judgment in favor of David Straight on Doug Gantvoort's claims asserting intentional invasion of privacy, aiding and abetting others…

Justia Opinion Summary: The Supreme Court affirmed Defendant's sentence imposed in connection with his plea of guilty to attempted first-degree murder and commission of a felony with a firearm, holding that the sentence did not violate the…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for seven counts, including aggravated assault by physical menace with a dangerous weapon and grand theft by receiving stolen property, holding that there was sufficient…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court determining that James Bruggeman was a vulnerable adult and finding by a preponderance of the evidence that Jennifer Ramos neglected and financially exploited…

Justia Opinion Summary: The Supreme Court upheld the action of the Deuel County Board of Adjustment (Board) unanimously approving the application filed by Crowned Ridge Wind II, LLC for a special exception permit (SEP) to construct and operate…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of burglary and two counts of simple assault arising from a home invasion, holding that Defendant was not entitled to relief on his allegations of error. After a jury…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court affirming the decision of the South Dakota Public Utilities Commission (PUC) approving the application filed by Crowned Ridge Wind II, LLC for a permit to…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Spink County Board of Adjustment (Board) to deny the application filed by Arrow Farms RE, LLC for a conditional use permit (CUP)…

Justia Opinion Summary: In these three consolidated appeals the Supreme Court held that the State has discretion to charge juveniles under the provisions of either S.D. Codified laws 32-23-1 or S.D. Codified Laws 32.23-21. Defendants, all…

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court determining that Julie Niemitalo released her right to bring this post-divorce civil suit against Richard Seidel for conduct that occurred while the parties…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of driving under the influence (DUI), abuse of or cruelty to a minor, reckless driving, and other offenses, holding that there was no error in the proceedings below. On…

Justia Opinion Summary: The Supreme Court affirmed the magistrate court's decision granting Defendant's motion to suppress, holding that the magistrate court did not err in determining that the community caretaker exception to the Fourth…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court committing D.S., a fourteen-year-old male, to the Department of Corrections (DOC), holding that the circuit court did not err. D.S. was adjudicated for…

Justia Opinion Summary: The Supreme Court affirmed the final order of the circuit court terminating Mother's parental rights to their minor child, holding that there was no error. The court issued a final dispositional order terminating…

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying a petition seeking the appointment of a special administrator to pursue a wrongful death claim for Dale Dean Jones's estate, holding that the court abused…

Justia Opinion Summary: The Supreme Court dismissed for lack of jurisdiction the judgment of the circuit court denying Appellant's motion to modify his sentence, holding that this Court did not have appellate jurisdiction over Appellant's…

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court granting Landlord's motion for summary judgment on each claim brought by Tenant, holding that the circuit court did not err. Tenant's minor son was attacked…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the habeas court dismissing Defendant's application for habeas corpus, holding that the court did not err. A jury convicted Defendant of fourteen sex offenses. On appeal,…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the habeas court dismissing Appellant's application for habeas corpus relief alleging ineffective assistance of counsel, holding that there was no error. Defendant was…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Plaintiffs' declaratory judgment action against State Farm seeking payment of $2 million under Florida's uninsured motorist (UM) statute, holding that…

Justia Opinion Summary: The Supreme Court dismissed this appeal from the circuit court's grant of First National Bank's (FNB) motion for summary judgment regarding FNB's foreclosure and replevin claims against Justin and Sharmin Inghram and…

Justia Opinion Summary: The Supreme Court affirmed the summary judgment entered by the circuit court in favor of Defendant, Rapid City, and dismissing Plaintiff's complaint for negligence, holding that there was no error in the proceedings…