Yankton County v. McAllister
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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) (collectively, McAllisters) against Yankton County, holding that the circuit court erred in part.
Yankton County brought an action seeking an injunction against the McAllisters to cease a business that the County alleged was operating in violation of a zoning ordinance. The McAllisters asserted counterclaims for barratry and abuse of process, filed a third-party complaint asserting an abuse of process claim against Yankton County entities, and added a claim against the County's attorney and zoning administrator. The circuit court dismissed all of the McAllisters' claims. The Supreme Court reversed in part, holding that the circuit court erred in granting summary judgment for Yankton County as to barratry counterclaims filed by Luke and MTD.
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