Oyen v. Lawrence Cnty. Comm’n, 2017 SD 81.  Various landowners petitioned the Lawrence County Commission requesting that the County maintain a road providing access to their homes.  The County denied the landowners’ request.  Oyen appealed the County’s action to circuit court.  The County filed a motion to join the United States of America as…

State v. Draskovich, 2017 SD 76.  Draskovich was convicted of threatening a judicial officer and disorderly conduct as a result of statements he made in the Minnehaha County Courthouse.  The circuit court ruled that the statements were “true threats,” rather than First Amendment-protected speech.  He had told the clerk of courts that he could “see why people shoot up courthouses,” and, when discussing a judge’s refusal to grant him a work permit, he commented to Court Administration, “Well, that deserves 180 pounds of lead between the eyes.”  On appeal, the Court, per Justice Zinter, affirmed, concluding that a reasonable recipient would view his statements as “a serious expression of an intent to commit an act of unlawful violence” against court staff and the circuit court judge.
Continue Reading November 22, 2017, Case Summaries

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…

The Court has released the list of its October 2017 summary dispositions:

Surat v. America Township, Brule Cnty. Bd. Of Supervisors, 2017 S.D. 69.  The board of supervisors downgraded a seven-mile stretch of road from full maintenance to minimum maintenance.  A portion of the road provided the Surat family and Surat Farmers access to South Dakota Highway 50.  Surat appealed the Board’s decision to the circuit court.  The circuit court reversed the board’s decision, and the Township appealed.
Continue Reading November 9, 2017, Case Summaries

Reede Construction, Inc. v. South Dakota Dep’t of Transportation, 2017 SD 63.  The South Dakota DOT contracted with Reede Construction to perform highway construction work in Sioux Falls.  DOT refused to issue a letter of acceptance after requesting numerous repairs, many of which Reede never performed.  Reede eventually left the job and demanded payment for the repairs it had completed.  Reede sued, and DOT counterclaimed.  At trial, the jury returned a verdict awarding no damages to either party.  DOT filed a motion for a new trial, arguing insufficient evidence supported the jury’s verdict.  The circuit court denied the motion, and the Court, per Chief Justice Gilbertson, affirmed.
Continue Reading November 2, 2017, Case Summaries

Chicoine v. Davis, et al., 2017 S.D. 62.  The Chicoines brought an action asking that the circuit court declare that they had an access easement across Mineral Survey 1758 into the adjoining Mineral Survey 1794.  The circuit court found that no easement existed, either by grant or prescription.  The Chicoines appealed the circuit court’s…

The Court has released the list of its September 2017 summary dispositions:

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