South Dakota Supreme Court Decisions

Browse Opinions From the South Dakota Supreme Court


Recent Decisions From the South Dakota Supreme Court

State Department of Game, Fish & Parks v. Troy Township  
Date: August 16, 2017
Citation: 2017 S.D. 50
Docket Number: 27981

Justia Opinion Summary: The Department of Game, Fish, and Parks appealed the administrative actions of Troy, Valley, and Butler Townships’ respective boards of supervisors that vacated portions of several section-line highways in Day County, ar...

Hoffman v. Van Wyk  
Date: August 9, 2017
Citation: 2017 S.D. 48
Docket Number: 27977

Justia Opinion Summary: This case concerned the Douglas County Planning and Zoning Administrator’s grant of a building permit for a hog confinement unit. Landowners applied for a writ of mandamus compelling the Administrator and the Douglas Cou...

Rumpza v. Zubke  
Date: August 9, 2017
Citation: 2017 S.D. 49
Docket Number: 28052

Justia Opinion Summary: 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 allege...

State v. Kiir  
Date: August 2, 2017
Citation: 2017 S.D. 47
Docket Number: 27703

Justia Opinion Summary: 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; (...

Brude v. Breen  
Date: August 2, 2017
Citation: 2017 S.D. 46
Docket Number: 28064

Justia Opinion Summary: 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 inju...

Nicolay v. Stukel  
Date: July 26, 2017
Citation: 2017 S.D. 45
Docket Number: 27813

Justia Opinion Summary: 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...

In re LAC Minerals (USA), LLC’s Petitioner for Release of Reclamation Liability  
Date: July 26, 2017
Citation: 2017 S.D. 44
Docket Number: 28020

Justia Opinion Summary: 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 permi...

State v. Bosworth  
Date: July 19, 2017
Citation: 2017 S.D. 43
Docket Number: 27510

Justia Opinion Summary: 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...

Standard Fire Insurance Co. v. Continental Resources, Inc.  
Date: June 28, 2017
Citation: 2017 S.D. 41
Docket Number: 27794

Justia Opinion Summary: 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...

Ivey & Kornmann v. Welk  
Date: June 28, 2017
Citation: 2017 S.D. 42
Docket Number: 27973

Justia Opinion Summary: 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 circu...

In re Elizabeth A. Briggs Revocable Living Trust  
Date: June 28, 2017
Citation: 2017 S.D. 40
Docket Number: 28017

Justia Opinion Summary: 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...

In re A.K.A.-C.  
Date: June 21, 2017
Citation: 2017 S.D. 38
Docket Number: 27514

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s termination of her parental rights to Child. Specifically, the court held (1) the circuit court’s interpretation of S.D. Codified Laws 16-22-6 did not result in the court re...

Parker v. Parker  
Date: June 21, 2017
Citation: 2017 S.D. 37
Docket Number: 27819

Justia Opinion Summary: 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 gra...

Larson v. Krebs  
Date: June 21, 2017
Citation: 2017 S.D. 39
Docket Number: 27956

Justia Opinion Summary: Prior to the 2016 general election, Theresa Maule Rossow filed a nominating petition to seek election as state’s attorney in Brule County and then Lyman County. Dedrich Koch filed a separate nominating petition seeking e...

Estate of Johnson v. Weber  
Date: June 14, 2017
Citation: 2017 S.D. 36
Docket Number: 27792

Justia Opinion Summary: Ronald Johnson, a South Dakota State Penitentiary correctional officer, was murdered by two inmates during an escape attempt. Lynette Johnson, individually and on behalf of Ronald’s Estate (collectively, Johnson) sued th...

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