South Dakota Supreme Court Decisions 2011

Merrill v. Altman  
Date: December 28, 2011
Citation: 2011 S.D. 94
Docket Number: 25950

Justia Opinion Summary: Maternal grandparents petitioned for permanent guardianship of a minor Indian child in the Mille Lacs Band of Ojibwe tribal court. After receiving the guardianship, they sought to have it recognized in a South Dakota cir...

Wright v. GGNSC Holdings LLC  
Date: December 28, 2011
Citation: 2011 S.D. 95
Docket Number: 25953

Justia Opinion Summary: The parties in this case signed an arbitration agreement providing that arbitration would occur in accordance with the National Arbitration Forum (NAF) Code of Procedure, but the NAF became unavailable to administer its...

Steineke v. Delzer  
Date: December 28, 2011
Citation: 2011 S.D. 96
Docket Number: 25957

Justia Opinion Summary: Sellers hired Agent to list their ranch for sale. Buyers purchased the ranch after Agent represented that the well on the ranch would produce as much water as they would need for their farming and ranching operation. Lat...

Estate of Holznagel v. Cutsinger  
Date: December 21, 2011
Citation: 2011 S.D. 89
Docket Number: 25808

Justia Opinion Summary: Ethanuel Holznagel and John Cutsinger were involved in a car accident, and Holznagel died from injuries sustained in the accident. Holznagel's parents (Plaintiffs), the representatives of his estate, brought a wrongful d...

State v. Litschewski  
Date: December 21, 2011
Citation: 2011 S.D. 88
Docket Number: 25876

Justia Opinion Summary: Appellant Richard Litschewski was convicted by a jury of three separate offenses. The circuit court ordered that the sentence for count two was to run consecutive to the sentence for count one, and the sentence for count...

State v. McColl  
Date: December 21, 2011
Citation: 2011 S.D. 90
Docket Number: 25885

Justia Opinion Summary: Former county deputy sheriff Buckly McColl entered into a plea agreement to plead guilty to one count of third-degree rape. In exchange, the State dismissed other charges and agreed not to release an analysis of McColl's...

State v. Larsen-Smith  
Date: December 21, 2011
Citation: 2011 S.D. 93
Docket Number: 25918

Justia Opinion Summary: Appellant Jason Larsen-Smith was convicted of manslaughter in the first degree and sentenced to life without parole. Appellant appealed, arguing that the sentence amounted to cruel and unusual punishment in violation of...

State v. Starkey  
Date: December 21, 2011
Citation: 2011 S.D. 92
Docket Number: 25968

Justia Opinion Summary: Shanna Starkey was arrested for driving under the influence of alcohol. The stop was based on the officer's perception that Starkey was attempting to evade the police. Starkey was ultimately arrested for driving under th...

McQuay v. Fischer Furniture  
Date: December 21, 2011
Citation: 2011 S.D. 91
Docket Number: 25995

Justia Opinion Summary: Employee received workers' compensation benefits for a neck and back injury he suffered in 2002 while working for Employer. After his benefits were discontinued in 2004, Employee sought treatment for a low back condition...

Morris, Inc. v. State ex rel. Dep't of Transp.  
Date: December 14, 2011
Citation: 2011 S.D. 85
Docket Number: 25779

Justia Opinion Summary: Border States Paving was awarded the prime contract by the state DOT for a road project. Border States entered into a subcontract with Morris, Inc. for aggregates and work on the project. During work on the project, the...

R.B.O. v. Priests of the Sacred Heart  
Date: December 14, 2011
Citation: 2011 S.D. 86
Docket Number: 25842

Justia Opinion Summary: Former students of a parochial school brought an action against the Priests of the Sacred Heart (PSH) and other defendants, asserting claims of childhood sexual abuse. PSH filed a motion to dismiss the action on the grou...

R.B.O. v. The Congregation of the Priests of the Sacred Heart, Inc.  
Date: December 14, 2011
Citation: 2011 S.D. 87
Docket Number: 25845

Justia Opinion Summary: Former students of a parochial school brought an action against the Congregation of the Priests of the Scared Heart, Inc. (PSHI) and other defendants, asserting claims of childhood sexual abuse. PSHI filed a motion to di...

Adrian v. Vonk  
Date: December 14, 2011
Citation: 2011 S.D. 84
Docket Number: 25922

Justia Opinion Summary: Plaintiff ranchers sued the State because of ongoing damage to their property from incursions of prairie dogs from public lands. Relying on multiple statutes requiring the State to manage and control prairie dog populati...

In re Matter of M.V.  
Date: December 7, 2011
Citation: 2011 S.D. 81
Docket Number: 25665

Justia Opinion Summary: After a one-month old was taken to the hospital with injuries consistent with non-accidental trauma, the State took custody of the child and started an abuse and neglect proceeding. Months later, the child was adjudicate...

Urbaniak v. Urbaniak  
Date: December 7, 2011
Citation: 2011 S.D. 83
Docket Number: 25850

Justia Opinion Summary: Upon issuing a divorce decree, the trial court awarded Wife $500 per month in alimony for eight years and attorney's fees. In granting the alimony, the court considered Husband's social security and military disability p...

Danielson v. Hess  
Date: December 7, 2011
Citation: 2011 S.D. 82
Docket Number: 25879

Justia Opinion Summary: Employee was prosecuted for theft from his Employer, but he was acquitted by a jury. Employee later commenced an action for malicious prosecution against Employer. The trial court granted summary judgment in favor of Emp...

Iron Wing v. Catholic Diocese  
Date: November 30, 2011
Citation: 2011 S.D. 79
Docket Number: 25729

Justia Opinion Summary: Plaintiff brought suit against several parties in the Catholic church for sexual abuse committed more than forty years earlier, averring that the abuse was perpetrated by a nun and a priest at a boarding school he attend...

Fix v. First State Bank of Roscoe  
Date: November 30, 2011
Citation: 2011 S.D. 80
Docket Number: 25898

Justia Opinion Summary: When Rita Fix's son and daughter-in-law, Jeff and Marie, secured a loan from the First State Bank of Roscoe by obtaining a warranty deed for the property, the Bank assured Fix she could retain possession of the house. Af...

Linge v. Meyerink  
Date: November 22, 2011
Citation: 2011 S.D. 78
Docket Number: 25900

Justia Opinion Summary: When Husband and Wife divorced, Wife retained custody of their two children, and Husband paid child support. Wife later sought modification of Husband's obligation. Husband requested a deviation from the child support gu...

City of Rapid City v. Estes  
Date: November 16, 2011
Citation: 2011 S.D. 75
Docket Number: 25868

Justia Opinion Summary: Rapid City ordinances required a developer to complete certain public improvements before the City accepted a final plat, but in lieu of completing the improvements before the City accepted a plat, the City could accept...

State v. Walth  
Date: November 16, 2011
Citation: 2011 S.D. 77
Docket Number: 25871

Justia Opinion Summary: Rylan Walth was convicted of one count of possession with intent to distribute and one count of simple possession of a controlled drug. Prior to trial, Walth filed a motion to suppress a statement he made to a police off...

AFSCME Local 1025 v. Sioux Falls Sch. Dist.  
Date: November 16, 2011
Citation: 2011 S.D. 76
Docket Number: 25935

Justia Opinion Summary: Two unions filed grievances against the Sioux Falls School District, alleging that that the District violated the parties' labor agreements when the District provided 2.5 percent wage increases for the 2008-2009 school y...

State v. Fisher  
Date: November 9, 2011
Citation: 2011 S.D. 74
Docket Number: 25745

Justia Opinion Summary: Christopher Fisher was convicted of manslaughter following the death of a fifteen-month-old child. Fisher appealed, contending that the trial court erred in (1) failing to suppress incriminating statements Fisher made du...

Clarkson & Co. v. Continental Res., Inc.  
Date: November 9, 2011
Citation: 2011 S.D. 72
Docket Number: 25804

Justia Opinion Summary: Clarkson and Company owned and leased land on which Continental Resources conducted oil and gas exploration activities. Continental agreed to pay Clarkson for use of and damage to Clarkson's property. Clarkson sued Conti...

March v. Thursby  
Date: November 9, 2011
Citation: 2011 S.D. 73
Docket Number: 25873

Justia Opinion Summary: Lacy March sought a protection order against Roger Thursby, which the circuit court granted. The testimony elicited at trial concerned stalking. Thursby appealed, alleging, among other things, that the findings of fact w...

State v. Waugh  
Date: November 2, 2011
Citation: 2011 S.D. 71
Docket Number: 25951

Justia Opinion Summary: Lucas Waugh was charged with attempted rape of a woman and the rape of a minor. The incidents occurred one after the other within walking distance of each other. The circuit court joined the cases for trial, and a jury f...

Hall v. State ex rel. Dep't of Transp.  
Date: October 26, 2011
Citation: 2011 S.D. 70
Docket Number: 25769

Justia Opinion Summary: Landowners owned property abutting former Exit 66 on I-90, a controlled-access highway that passed by an air force base. Part of Landowners' property was taken by condemnation in 1961 for the construction of I-90 and Exi...

Pankratz v. Hoff  
Date: October 26, 2011
Citation: 2011 S.D. 69
Docket Number: 25820

Justia Opinion Summary: In this land contract dispute, Landowners arranged for the sale of several thousand acres of their property. Landowners and Buyer executed three separate contracts, one that conveyed to Buyer a majority of the land, the...

Jacobs v. Dakota, Minn. & E. R.R. Corp.  
Date: October 12, 2011
Citation: 2011 S.D. 68
Docket Number: 25811

Justia Opinion Summary: Employee was injured while working for Employer, a railroad corporation, by falling on snow-covered ice. Employee filed a personal injury claim under the Federal Employers' Liability Act (FELA), which permits suit agains...

Kjerstad Realty, Inc. v. Bootjack Ranch, Inc.  
Date: September 28, 2011
Citation: 2011 S.D. 67
Docket Number: 25847

Justia Opinion Summary: In December 2007, Kjerstad Realty brought suit against Bootjack Ranch for breach of a realty contract. In October 2009, the case was remanded. After remand, the assigned judge retired and a temporary judge presided over...

Neugebauer v. Neugebauer  
Date: September 28, 2011
Citation: 2011 S.D. 64
Docket Number: 25864

Justia Opinion Summary: For almost twenty years, Lincoln Neugebauer rented his mother Pearl Neugebauer's farm under an oral lease. In 2008, Lincoln purchased the farm by contract for deed. Pearl later brought an action to rescind the contract o...

Great Western Bank v. Branhan  
Date: September 28, 2011
Citation: 2011 S.D. 66
Docket Number: 25913

Justia Opinion Summary: Appellants Thomas and Robin Branhan borrowed money from Appellee Great Western Bank. As collateral for the loan, the Branhans gave Great Western a security interest in their shares of Glacial Lakes stock. The Branhans la...

Tolle v. Lev  
Date: September 28, 2011
Citation: 2011 S.D. 65
Docket Number: 25931

Justia Opinion Summary: Cindy Tolle sued Peter Lev for damages for failing to transfer ownership of a cabin situated on land owned by the government in a national park. Tolle also sued Lev for tortious interference with a business relationship...

Guthmiller v. Weber  
Date: September 21, 2011
Citation: 2011 S.D. 62
Docket Number: 25617

Justia Opinion Summary: Petitioner Dale Guthmiller was convicted of criminal pedophilia and sentenced to life in prison. Petitioner subsequently petitioned the circuit court for a writ of habeas corpus, alleging, among other things, that the tr...

State v. Jones  
Date: September 21, 2011
Citation: 2011 S.D. 60
Docket Number: 25646

Justia Opinion Summary: Defendant Christopher Jones was convicted of raping a twenty-three-year-old woman who testified that she was too intoxicated to have consented. The defendant appealed, asserting that although S.D. Codified Laws 22-22-1(4...

State v. Hirning  
Date: September 21, 2011
Citation: 2011 S.D. 59
Docket Number: 25776

Justia Opinion Summary: Appellant Mil Hirning pleaded guilty to unauthorized possession of a controlled substance and admitted to being a habitual offender. Hirning made the plea after Hirning's trial counsel withdrew from representing him and...

Law v. City of Sioux Falls  
Date: September 21, 2011
Citation: 2011 S.D. 63
Docket Number: 25897

Justia Opinion Summary: At issue in this appeal was a zoning ordinance adopted by the City of Sioux Falls requiring that an on-sale alcoholic beverage business seeking to place video lottery machines in the establishment must meet certain locat...

Thyen v. Hubbard Feeds, Inc.  
Date: September 21, 2011
Citation: 2011 S.D. 61
Docket Number: 25906

Justia Opinion Summary: Employee submitted a workers' compensation claim to his Employer after suffering a reaction that some doctors attributed to work-related exposure. Employee petitioned the Department of Labor for a hearing on his workers'...

Martin v. American Colloid Co.  
Date: September 14, 2011
Citation: 2011 S.D. 57
Docket Number: 25739

Justia Opinion Summary: Vera Martin, who lived in South Dakota, worked at an American Colloid plant in Wyoming. After suffering a work-related injury at the Wyoming plant, Martin received Wyoming workers' compensation benefits. Martin then file...

St. John v. Peterson  
Date: September 14, 2011
Citation: 2011 S.D. 58
Docket Number: 25772

Justia Opinion Summary: Lita St. John sued Dr. Linda Peterson, alleging medical malpractice in repairing a vesicovaginal fistula. The jury entered a verdict for Peterson. St. John appealed, arguing that the trial court erred in excluding eviden...

Rapid City Journal v. Circuit Court (Delaney)  
Date: September 7, 2011
Citation: 2011 S.D 55
Docket Number: 25631-JKM

Justia Opinion Summary: The underlying action in this case involved a dispute among a family-owned corporation's shareholders concerning the management and control of the business. The two factions asked circuit court judge John Delaney to dete...

Simunek v. Auwerter  
Date: September 7, 2011
Citation: 2011 S.D 56
Docket Number: 25792-a-SLZ

Justia Opinion Summary: When Mother and Father divorced, they agreed pursuant to a parenting plan incorporated into the divorce decree to share custody of Child, with Mother having primary physical custody. Father later moved to obtain primary...

Alto Township v. Mendenhall  
Date: September 7, 2011
Citation: 2011 S.D 54
Docket Number: 25933-r-GAS

Justia Opinion Summary: Appellants, ranchers, owned property in Alto Township separated by a section-line highway. Appellants historically fenced across the highway to join the adjacent pastures and installed gates at the highway. The township...

Davis v. State  
Date: August 31, 2011
Citation: 2011 S.D. 51
Docket Number: 25330, 25333-a-JKM

Justia Opinion Summary: Plaintiffs, a group of children who attended public schools in several South Dakota school districts and their parents and natural guardians, asked for a declaratory ruling that the state's present system of funding educ...

Estes v. Lonbaken  
Date: August 31, 2011
Citation: 2011 S.D. 52
Docket Number: 25768-a-JKM

Justia Opinion Summary: Denise Estes filed suit against Dr. David Lonbaken, a podiatrist, for medical malpractice, alleging that Lonbaken negligently treated a neuroma on her foot and seeking damages. Estes filed the complaint in Buffalo County...

S.D. Public Assurance Alliance v. Aurora County  
Date: August 31, 2011
Citation: 2011 S.D. 53
Docket Number: 25795-rev & rem-SLZ

Justia Opinion Summary: The South Dakota Public Assurance Alliance (SDPAA), a local government risk pool, negotiated with Aurora County to provide what was essentially insurance coverage. After coverage was finalized, a local dairy farm sued th...

Dailey v. City of Sioux Falls  
Date: August 24, 2011
Citation: 2011 S.D. 48
Docket Number: 25698, 25715-a-GAS

Justia Opinion Summary: Over a period of two years, the City of Sioux Falls issued Daniel Daily four citations for a concrete extension to his driveway. Daily appealed each of the citations, but a hearing was held only on the final two citation...

Jennings v. Rapid City Reg'l Hosp., Inc.  
Date: August 24, 2011
Citation: 2011 S.D. 50
Docket Number: 25710-rev & rem-JKM

Justia Opinion Summary: After self-insured Employer filed for bankruptcy, it continued to take payroll deductions from Employees for medical coverage but stopped paying the provider hospital for the covered charges. The hospital then directly b...

Stehly v. Davison County  
Date: August 24, 2011
Citation: 2011 S.D. 49
Docket Number: 25742-a-GAS

Justia Opinion Summary: In 2007, Davison County adopted a county-wide plan to reassess agricultural structures. The County reassessed agricultural structures in four of its twelve townships that year. Donald and Gene Stehly, who owned agricultu...

De Smet Ins. Co. v. Pourier  
Date: August 17, 2011
Citation: 2011 S.D. 47
Docket Number: 25783-a-JKK

Justia Opinion Summary: Tabitha Pourier was seriously injured in an automobile accident and suffered damages in excess of $250,000. After receiving $25,000 from the tortfeasor's liaility carrier and $100,000 in underinsured motorist coverage fr...

State v. Stark  
Date: August 10, 2011
Citations: 2011 S.D. 45, 2011 S.D. 46
Docket Number: 25586-a-GAS

Justia Opinion Summary: Kenneth Stark, a registered sex offender, was convicted of loitering in a community safety zone in violation of S.D. Codified Laws 22-24B-24. On appeal, the Supreme Court affirmed, holding (1) the state statutes prohibit...

Onnen v. Sioux Falls Indep. Sch. Dist.  
Date: August 3, 2011
Citation: 2011 S.D. 45
Docket Number: 25683-a-DG

Justia Opinion Summary: Matt Onnen was terminated from the position of registrar at Southeast Technical Institute (STI), an entity of the Sioux Falls School District, after STI officials found several degrees or diplomas had been approved and a...

Muhlbauer v. Estate of Olson  
Date: July 27, 2011
Citation: 2011 S.D. 42
Docket Number: 25761-a-DG

Justia Opinion Summary: The personal representative of an estate sold real property that had been specifically devised to several heirs. The Supreme Court ruled in a previous appeal that the personal representative lacked the authority to sell...

Pray v. City of Flandreau  
Date: July 27, 2011
Citation: 2011 S.D. 43
Docket Number: 25824-a-JKK

Justia Opinion Summary: Rose Pray fell and was injured when a rottweiler broke loose from its owner and dashed across the street toward her. Pray brought an action for damages against the dog owner and the City. As against the City, Pray assert...

In re Interpretation of S.D. Const. art. V, 2 & 6  
Date: July 26, 2011
Citation: 2011 S.D. 44
Docket Number: 26089

Justia Opinion Summary: The South Dakota Governor requested an advisory opinion from the Supreme Court regarding eligibility requirements for individuals seeking appointment to the South Dakota Supreme Court. The Governor asked (1) what actions...

Iverson v. NPC Int'l, Inc.  
Date: July 20, 2011
Citation: 2011 S.D. 40
Docket Number: 25744-a-JKM

Justia Opinion Summary: Pizza Hut hired Norman Williams, who was at the time on parole for a felony conviction involving a gang-related incident of mutual combat resulting in serious injury. While working at the restaurant, Williams allegedly a...

Demaray v. De Smet Farm Mutual Ins. Co.  
Date: July 20, 2011
Citation: 2011 S.D. 39
Docket Number: 25757-rev & rem-JKK

Justia Opinion Summary: Appellees Floyd Demaray and James Hagemann were sued for repeated tortious activity in discharging of pollutants into lakes and streams of a nearby property. Appellees, who owned separate but identical insurance policies...

Farmer v. City of Rapid City  
Date: July 20, 2011
Citation: 2011 S.D. 41
Docket Number: 25812-a-JKK

Justia Opinion Summary: Timothy Farmer, a patrol officer for the Rapid City Police Department, was investigated for excessive use of force relating to the apprehension of the alleged perpetrators of an assault. The Department later fired Farmer...

Lindskov v. Lindskov  
Date: July 6, 2011
Citation: 2011 S.D. 34
Docket Number: 25621-a-GAS

Justia Opinion Summary: When Dennis Lindskov purchased Les Lindskov's interest in an automotive company, Dennis and Les signed a dissolution agreement that contained a non-disparagement clause. Les opened a competing business within months of t...

In re J.L.  
Date: July 6, 2011
Citation: 2011 S.D. 36
Docket Number: 25693-a-SLZ

Justia Opinion Summary: J.L. was fourteen when he engaged in consensual sexual intercourse with his twelve-year-old girlfriend. A juvenile petition was filed against J.L., and the circuit court adjudicated J.L. as a delinquent under S.D. Codifi...

Batiz v. Fire Ins. Exchange  
Date: July 6, 2011
Citation: 2011 S.D. 35
Docket Number: 25743-aff in pt & rem-JKK

Justia Opinion Summary: After a fire damaged Oscar Batiz's residential rental property, Batiz filed a claim with his carrier, Fire Insurance Exchange. Exchange initially tendered to Batiz $33,182 representing the actual cash value of the damage...

Arrowhead Ridge I, L.L.C. v. Cold Stone Creamery, Inc.  
Date: July 6, 2011
Citation: 2011 S.D. 38
Docket Number: 25770, 25787-rev & rem-GAS

Justia Opinion Summary: Arrowhead Ridge initiated a forcible entry and detainer action when its tenant, Cold Stone Creamery, defaulted on its lease. The trial court granted Arrowhead partial summary judgment, and the issues of mitigation of dam...

International Union v. City of Pierre  
Date: July 6, 2011
Citation: 2011 S.D. 37
Docket Number: 25771-rev & rem-JKM

Justia Opinion Summary: After the City of the Pierre and the International Union of Operating Engineers were unable to reach an agreement for employment contracts, the City imposed the terms and conditions of one of its previously proposed cont...

Benson Living Trust v. Physicians Office Bldg. Inc.  
Date: June 29, 2011
Citation: 2011 S.D.30
Docket Number: 25762-rev & rem-DG

Justia Opinion Summary: A limited partnership, POB Associates, was formed for the purpose of owning and operating a physicians office building. The partnership had two general partners. The allocation of POB Associates' profits and losses was g...

Jewett v. Real Tuff, Inc.  
Date: June 29, 2011
Citation: 2011 S.D.33
Docket Number: 25767-a-SLZ

Justia Opinion Summary: Carlin Jewett was employed as a welder by Real Tuff where Jewett often worked on his knees. In 2006, Jewett suffered a right knee injury. Jewett received arthroscopic surgery, during which the surgeon found pre-existing...

Orr v. Cook  
Date: June 29, 2011
Citation: 2011 S.D.31
Docket Number: 25777, 25794-aff in pt & rev in pt-DG

Justia Opinion Summary: Richard Orr and Sheldon Cook had a partnership agreement to conduct a cow-calf operation. The parties sold the cows and calves in the spring of 2007. Cook received $230,935 from the sale. Orr sued Cook, disputing the rei...

State v. Jensen  
Date: June 29, 2011
Citation: 2011 S.D.32
Docket Number: 25833-a-GAS

Justia Opinion Summary: Defendant William Jensen was charged with fourth offense driving under the influence. He filed a motion to strike one of his three prior driving under the influence convictions, arguing that because the magistrate court...

State v. Good Plume  
Date: June 22, 2011
Citation: 2011 S.D. 27
Docket Number: 25569-a-JKK

Justia Opinion Summary: Defendant Ivan Good Plume was found guilty of aggravated assault and of being a habitual offender and was sentenced to eighteen years in prison. On appeal, defendant asserted (1) that the sentencing judge, in referring t...

Rodriguez v. Miles  
Date: June 22, 2011
Citation: 2011 S.D. 29
Docket Number: 25634-a-JKM

Justia Opinion Summary: Plaintiff Roger Rodriguez filed an action for sexual abuse as a child against Brother Matthew Miles and John Donadio and the Congregation of the Priests of the Sacred Heart for alleged abuse that occurred in the 1970's w...

Lloyd v. Byrne Brands  
Date: June 22, 2011
Citation: 2011 S.D. 28
Docket Number: 25863-a-JKM

Justia Opinion Summary: Jeremy Lloyd was the general manager at a CiCi's Pizza in Sioux Falls, South Dakota, which was owned by Dakota Land Pizza, and was temporarily managing two CiCi's Pizzas in Omaha, Nebraska, which were owned by Byrne Bran...

State v. Goulding  
Date: June 15, 2011
Citation: 2011 S.D. 25
Docket Number: 25496-a-SLZ

Justia Opinion Summary: Allen Kissner asked Robert Goulding to take Kissner's life with a gun. Goulding agreed and fatally shot Kissner. A jury found Goulding guilty of first degree murder. Goulding appealed, arguing (1) that the trial court er...

In re B.H., J.R. & M.H.  
Date: June 15, 2011
Citation: 2011 S.D. 26
Docket Number: 25672-denied-PER CURIAM

Justia Opinion Summary: In an abuse and neglect proceeding, petitioner father's parental rights were terminated in the trial court. The court of appeals dismissed the petitioner's appeal because the original notice of appeal did not contain pet...

In the Matter of Arbitration Between Spiska Engineering, Inc. and SPM Thermo-Shield, Inc.  
Date: May 25, 2011
Citation: 2011 S.D. 23
Docket Number: 25694-rev & rem-SLZ

Justia Opinion Summary: Plaintiff-Appellee Spiska Engineering, Inc. (Spiska) sued Defendant-Appellee SPM Thermo-Shield, Inc. (Thermo-Shield) for breach of contract. Following a number of proceedings and appeals relating to the arbitration of th...

Johnson v. Sellers  
Date: May 25, 2011
Citation: 2011 S.D. 24
Docket Number: 25751-a-SLZ

Justia Opinion Summary: Plaintiff-Appellee Steven Johnson wanted to purchase a tract of commercial real estate from Defendant-Appellant Harrell Sellers and his wife Sandra Green. The purchase agreement, dated May 2009, was prepared by Mr. Johns...

Brown v. Hanson  
Date: May 18, 2011
Citation: 2011 S.D. 21
Docket Number: 25700, 25701-aff in pt & rem in pt-GAS

Justia Opinion Summary: Plaintiffs Terry and Susan Brown purchased land adjacent to Defendant James Hanson. The neighbors signed a well-and-road easement agreement, which was recorded with the County Register of Deeds. Believing that the Browns...

INQUIRY OF JUDGE A.P. FULLER
Date: May 18, 2011
Citation: 2011 S.D. 22
Docket Numbers: 25756, 25756-DG
South Dakota Department of Transportation v. Clark (SD)  
Date: May 11, 2011
Citation: 2011 S.D. 20
Docket Number: 25788-a-DG

Justia Opinion Summary: The South Dakota Department of Transportation (DOT) obtained title to land once owned by Defendants Philip Clark, P&J Enterprises, LLC and Hansen Manufacturing Corporation by eminent domain. The jury determined the amoun...

Lawrence v. Weber  
Date: May 4, 2011
Citation: 2011 S.D. 19
Docket Number: 25790-a-JKK

Justia Opinion Summary: Petitioner James Lawrence appealed the circuit court’s denial of his petition for habeas corpus, arguing that there was insufficient evidence to support his conviction and sentence for “theft by deception.” In 1996, Peti...

Carmon v. Rose  
Date: April 27, 2011
Citation: 2011 S.D. 18
Docket Number: 25730-a-JKM

Justia Opinion Summary: Plaintiff Gregory Carmon filed suit against Defendant Brian Rose, alleging conspiracy to defraud. Plaintiff’s suit claimed that Defendant and several others defrauded him in an oil and gas investment scheme. The summons...

MATTER OF DISCIPLINE OF RUSSELL
Date: April 20, 2011
Citation: 2011 S.D. 17
Docket Number: 25490-GAS
Nine, Inc. v. City of Brookings  
Date: April 20, 2011
Citation: 2011 S.D. 16
Docket Number: 25635-a-SLZ

Justia Opinion Summary: Appellees Nine, Inc. and GDT, Inc. own and operate a private bar and/or restaurant businesses in Brookings. These businesses are authorized to sell alcoholic beverages under operating agreements with Brookings. Appellees...

STATE V. THOMAS
Date: April 13, 2011
Citation: 2011 S.D. 15
Docket Number: 25628-rev & rem-SLZ
STATE V. BRUCE
Date: April 6, 2011
Citation: 2011 S.D. 14
Docket Numbers: 23619-aff in pt, 23638-aff in pt, 23966-aff in pt, 23982, 24001-aff in pt, 24016, 24030-aff in pt, 24124, 24194-aff in pt, 24439-aff in pt, 24454-aff in pt, 24682-aff in pt, 24931, 24941-aff in pt, 25414-aff in pt, 25618-aff in pt, rev in pt & rem-SLZ
BERTELSEN V. ALLSTATE
Date: April 6, 2011
Citation: 2011 S.D. 13
Docket Numbers: 24721-aff in pt, 25115, 25127-aff in pt, 25605-aff in pt, 25647-aff in pt, rev in pt & rem-GAS
STATE V. KLAGER
Date: March 30, 2011
Citation: 2011 S.D. 12
Docket Number: 25609-a-SLZ
STATE V. JOHNSON
Date: March 22, 2011
Citation: 2011 S.D. 10
Docket Number: 25650-a-PER CURIAM
ZOO PROPERTIES V. MIDWEST FAMILY MUTUAL INS.
Date: March 22, 2011
Citation: 2011 S.D. 11
Docket Number: 25667-rev & rem-JKM
WESTERN CONSOLIDATED COOPERATIVE V. PEW
Date: March 9, 2011
Citation: 2011 S.D. 9
Docket Numbers: 23728, 23729-aff in pt, 23832, 23855, 24082-aff in pt, 24546, 24547, 24593-aff in pt, 25327-aff in pt, 25525, 25610-aff in pt, rev in pt & rem-DG
MATTER OF D.W.
Date: March 2, 2011
Citation: 2011 S.D
Docket Number: 25655-a-PER CURIAM
STATE V. SEMRAD
Date: February 16, 2011
Citation: 2011 S.D. 7
Docket Number: 25658-a-SLZ
COOPER V. RANG
Date: February 9, 2011
Citation: 2011 S.D. 6
Docket Number: 25578-rev & rem-JKK
GRANT COUNTY CONCERNED CITIZENS V. GRANT COUNTY BD. OF COMMISSIONERS
Date: February 2, 2011
Citation: 2011 S.D. 5
Docket Number: 25681-a-DG
BUFFALO RIDGE V. LAMAR
Date: January 26, 2011
Citation: 2011 S.D. 4
Docket Number: 25604-rev & rem-JKK
M.G. OIL V. CITY OF RAPID CITY
Date: January 26, 2011
Citation: 2011 S.D. 3
Docket Number: 25613-a-DG
STATE FARM V. BOTTGER
Date: January 12, 2011
Citation: 2011 S.D. 2
Docket Numbers: 25548-aff in part, rev in part & rem-JKM
STUCKEY V. STURGIS PIZZA RANCH
Date: January 12, 2011
Citation: 2011 S.D. 1
Docket Numbers: 24721-aff in pt, 25115, 25127-aff in pt, 25605-aff in pt, 25647-aff in pt, rev in pt & rem-GAS
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