In re Guardianship of Novotny, 2017 S.D. 74. The sole beneficiary of an irrevocable trust petitioned the circuit court to terminate the trust and distribute the trust property to her.  After a hearing on the beneficiary’s motion for summary judgment, the circuit court refused to terminate the trust and entered summary judgment in favor of the trustees.  The beneficiary appealed, the Court, per Justice Wilbur, reversed and remanded, concluding that the trust purpose had been fulfilled, and that termination of the trust would “substantially further the trustor’s purposes in creating the trust.”  The circuit court was therefore directed on remand to terminate the trust and distribute the trust property, which was “in accordance with the trustors’ probable intention.”

Erickson v. Dep’t of Public Safety, 2017 S.D. 75.  Erickson, who holds a commercial driver’s license, pleaded guilty to driving with a blood alcohol content of 0.08 or more (SDCL 32-23-1(1)) – as opposed to driving under the influence of alcohol (SDCL 32-23-1(1)).  The South Dakota Department of Public Safety subsequently disqualified him from operating commercial motor vehicles for one year.  Erickson appealed the Department’s decision to circuit court, which reversed the Department’s decision without remanding.  The Department appealed, and the Court, per Chief Justice Gilbertson, reversed the circuit court’s decision, concluding that SDCL 32-12A-36(1), which disqualifies a person from driving a motor vehicle if they have been convicted of driving under the influence of alcohol, includes convictions for both driving with a blood alcohol content of 0.08 or more (SDCL 32-23-1(1)) and convictions for driving under the influence of alcohol (SDCL 32-23-1(1)).  The Department therefore properly disqualified Erickson from holding a commercial driver’s license for one year.