South Dakota Supreme Court Decisions 2022

Johnson v. Markve  
Date: September 21, 2022
Citation: 2022 S.D. 57
Docket Number: 29511

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…

State v. Loeschke  
Date: September 14, 2022
Citation: 2022 S.D. 56
Docket Number: 29449

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…

Davies v. GPHC, LLC  
Date: September 14, 2022
Citation: LLC, 2022 S.D. 55
Docket Number: 29688

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…

State v. Krouse  
Date: August 31, 2022
Citation: 2022 S.D. 54
Docket Number: 29711

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…

Deiter v. XL Specialty Insurance Co.  
Date: August 24, 2022
Citation: 2022 S.D. 51
Docket Number: 29663

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…

In re Hickey Living Trust  
Date: August 24, 2022
Citation: 2022 S.D. 53
Docket Number: 29677

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…

Ries v. JM Custom Homes, LLC  
Date: August 24, 2022
Citation: LLC, 2022 S.D. 52
Docket Number: 29718

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…

Dt-Trak Consulting, Inc. v. Kolda  
Date: August 17, 2022
Citation: INC. v. KOLDA, 2022 S.D. 50
Docket Number: 29725

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…

Farmer v. Farmer  
Date: August 10, 2022
Citation: LLC and FARMER, 2022 S.D. 47
Docket Number: 29624

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…

Althoff v. Pro-Tec Roofing, Inc.  
Date: August 10, 2022
Citation: INC., 2022 S.D. 49
Docket Number: 29639

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…

Mach v. Connors  
Date: August 10, 2022
Citation: 2022 S.D. 48
Docket Number: 29719

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…

Christenson v. Crowned Ridge Wind, LLC  
Date: August 3, 2022
Citation: LLC, 2022 S.D. 45
Docket Number: 29334

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,…

Healy Ranch, Inc. v. Healy  
Date: August 3, 2022
Citation: 2022 S.D. 43
Docket Number: 29409

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…

Christenson v. Crowned Ridge Wind, LLC  
Date: August 3, 2022
Citation: LLC, 2022 S.D. 46
Docket Number: 29615

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,…

Healy Ranch Partnership v. Mines  
Date: August 3, 2022
Citation: 2022 S.D. 44
Docket Numbers: 29706, 29716

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)…

McCoy v. McCallum  
Date: July 27, 2022
Citation: 2022 S.D. 42
Docket Number: 29611

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…

In re Estate of Smeenk  
Date: July 20, 2022
Citation: 2022 S.D. 41
Docket Number: 29580

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…

Baker v. Rapid City Regional Hospital  
Date: July 20, 2022
Citation: 2022 S.D. 40
Docket Number: 29753

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…

Davis v. Otten  
Date: July 13, 2022
Citation: 2022 S.D. 39
Docket Number: 29691

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…

Yankton County v. McAllister  
Date: June 22, 2022
Citation: 2022 S.D. 37
Docket Number: 29616

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)…

Rapid City Journal v. Callahan  
Date: June 22, 2022
Citation: 2022 S.D. 38
Docket Number: 29811

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…

Peska Properties, Inc. v. Northern Rental Corp.  
Date: June 15, 2022
Citation: INC. v. NORTHERN RENTAL CORP., 2022 S.D. 33
Docket Number: 29433

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…

Dittman v. Rapid City School District  
Date: June 15, 2022
Citation: 2022 S.D. 34
Docket Number: 29548

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…

State v. Otobhiale  
Date: June 15, 2022
Citation: 2022 S.D. 35
Docket Number: 29664

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…

Nationwide Agribusiness v. Fitch  
Date: June 15, 2022
Citation: 2022 S.D. 36
Docket Number: 29784

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…

Northland Captial v. Robinson  
Date: June 8, 2022
Citation: 2022 S.D. 32
Docket Number: 29573

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…

Dunham v. Lake County Commission  
Date: June 1, 2022
Citation: 2022 S.D. 30
Docket Number: 29531

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…

State v. Alexander  
Date: June 1, 2022
Citation: 2022 S.D. 31
Docket Number: 29537

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…

Lacroix v. Fluke  
Date: May 25, 2022
Citation: 2022 S.D. 29
Docket Number: 29493

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…

State v. Timmons  
Date: May 18, 2022
Citation: 2022 S.D. 28
Docket Number: 29740

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…

Powers v. Powers  
Date: May 11, 2022
Citation: LLC, 2022 S.D. 25
Docket Number: 29561

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…

McLaen v. White Township  
Date: May 11, 2022
Citation: 2022 S.D. 26
Docket Number: 29599

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…

Flint v. Flint  
Date: May 11, 2022
Citation: 2022 S.D. 27
Docket Number: 29721

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…

Hostler v. Davison County Drainage Commission  
Date: May 4, 2022
Citation: 2022 S.D. 24
Docket Number: 29404

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…

State v. Dickerson  
Date: April 20, 2022
Citation: 2022 S.D. 23
Docket Number: 29333

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…

Gantvoort v. Ranschau  
Date: April 6, 2022
Citation: 2022 S.D. 22
Docket Number: 29265

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…

State v. Deleon  
Date: April 6, 2022
Citation: 2022 S.D. 21
Docket Number: 29510

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…

State v. Ahmed  
Date: April 6, 2022
Citation: 2022 S.D. 20
Docket Number: 29549

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…

Bruggeman v. Ramos  
Date: March 23, 2022
Citation: 2022 S.D. 16
Docket Number: 29308

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…

Ehlebracht v. Deuel County Planning Commission  
Date: March 23, 2022
Citation: LLC, 2022 S.D. 18
Docket Number: 29352

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…

State v. Red Cloud  
Date: March 23, 2022
Citation: 2022 S.D. 17
Docket Number: 29479

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…

Ehlebracht v. Crowned Ridge Wind II, LLC  
Date: March 23, 2022
Citation: LLC and S.D. PUB. UTIL. COMM’N, 2022 S.D. 19
Docket Number: 29610

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…

Miles v. Spink County Board of Adjustment  
Date: March 16, 2022
Citation: 2022 S.D. 15
Docket Number: 29258

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)…

State v. Bettelyoun  
Date: March 16, 2022
Citation: EHRET, OSBORNE, 2022 S.D. 14
Docket Number: 29329

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…

Niemitalo v. Seidel  
Date: March 2, 2022
Citation: 2022 S.D. 13
Docket Number: 29653

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…

State v. Nelson  
Date: February 16, 2022
Citation: 2022 S.D. 12
Docket Number: 29410

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…

State v. Grassrope  
Date: February 9, 2022
Citation: 2022 S.D. 10
Docket Number: 29485

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…

In re D.S.  
Date: February 9, 2022
Citation: 2022 S.D. 11
Docket Number: 29563

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…

In re Interest of L.N.  
Date: February 9, 2022
Citation: 2022 S.D. 8
Docket Number: 29586

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…

In re Estate of Jones  
Date: February 9, 2022
Citation: 2022 S.D. 9
Docket Number: 29604

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…

State v. Edelman  
Date: February 2, 2022
Citation: 2022 S.D. 7
Docket Number: 29637

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…

Burgi v. East Winds Court, Inc.  
Date: January 26, 2022
Citation: INC., 2022 S.D. 6
Docket Number: 29443

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…

Neels v. Dooley  
Date: January 19, 2022
Citation: 2022 S.D. 4
Docket Number: 29201

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,…

Harris v. Fluke  
Date: January 19, 2022
Citation: 2022 S.D. 5
Docket Number: 29220

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…

Payne v. State Farm Fire & Casualty Co.  
Date: January 19, 2022
Citation: 2022 S.D. 3
Docket Number: 29554

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…

First National Bank v. Inghram  
Date: January 13, 2022
Citation: 2022 S.D. 2
Docket Number: 29415

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…

Godbe v. City Of Rapid City  
Date: January 5, 2022
Citation: 2022 S.D. 1
Docket Number: 29251

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…

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