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

Case Number Date Disposition Judge
Siems v. Pilot Travel Centers, LLC 28254 11-13-17 Affirmed Long
State v. Hanson 28178 11-13-17 Affirmed Sabers
Wright v. Theophilus 28108 11-13-17 Affirmed Pekas
State v. Bortock 28131 11-13-17 Affirmed Long
Schwartz, on behalf of M.N. v. Neuenschwander

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:

Case Number Date Disposition Judge
State v. Sharp 28026 10-10-17 Affirmed Long
State v. Oquendo Cedeno 28140 10-10-17 Affirmed Brown
State v. Beynon 28141 10-10-17 Affirmed Spears
Interest of A.M. and E.M.

25115

28112

10-11-17 Affirmed Eckrich
Interests of O.A., E.A., and L.A.

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:

Case Term Number Disposition Judge
State v. Thomas August 28038 Affirmed Jensen
State v. Arends August 28043 Affirmed DeVaney
State v. Janis August 28073 Affirmed Eklund
Good v. Carlson August 28090 Affirmed Pfeifle
Estate of Snaza August 28102 Affirmed Flemmer
State v. Warner

State v. Stenstrom, 2017 SD 61.  After several drug-related charges, Stenstrom and the State reached a deal in which Stenstrom agreed to plead guilty to one count of possessing a controlled substance, and, in exchange, the State agreed to drop other charged offenses.  The agreement also required Stenstrom to successfully complete the drug-court program.