South Dakota Case Commentaries

Supreme Court of South Dakota Clarifies Adverse Possession Requirements under SDCL 15-3-15

Date: Jun 27, 2024

Supreme Court of South Dakota Clarifies Adverse Possession Requirements under SDCL 15-3-15 Introduction The case of DWARD O. MOHNEN v. ESTATE OF JOHN J. MOHNEN et al. presents a significant...

Res Judicata in Probate Proceedings: Insights from In the Matter of the Estate of Neil William Smeenk, Deceased (2024 S.D. 23)

Date: Apr 18, 2024

Res Judicata in Probate Proceedings: Insights from In the Matter of the Estate of Neil William Smeenk, Deceased (2024 S.D. 23) Introduction The case of In the Matter of the Estate of Neil William...

Proper Service of Tax Deed Notices on Foreign LLCs through Secretary of State Confirmed

Date: Feb 8, 2024

Proper Service of Tax Deed Notices on Foreign LLCs through Secretary of State Confirmed Introduction The case of Emily Bialota v. Lakota Lakes, LLC addresses the procedural intricacies of serving...

Enforcement of Listing Agreements and Attorney Fee Entitlements: Insights from UHRE Realty Corp. v. Tronnes

Date: Feb 8, 2024

Enforcement of Listing Agreements and Attorney Fee Entitlements: Insights from UHRE Realty Corp. v. Tronnes Introduction In the case of UHRE Realty Corporation and UHRE Property Management...

Corroboration and Cautionary Instructions in Accomplice Testimony: Insights from STATE OF SOUTH DAKOTA v. TODD W. STEVENS

Date: Jan 18, 2024

Corroboration and Cautionary Instructions in Accomplice Testimony: Insights from STATE OF SOUTH DAKOTA v. TODD W. STEVENS Introduction In State of South Dakota v. Todd W. Stevens, the Supreme Court...

Reinterpretation of "Lot of Record" in Zoning Ordinances: Bernard Stockwell v. McCook County

Date: Jan 11, 2024

Reinterpretation of "Lot of Record" in Zoning Ordinances: Bernard Stockwell v. McCook County Introduction In the landmark case of Bernard Stockwell v. McCook County Board of Commissioners, the...

South Dakota Supreme Court Establishes Enhanced Interpretation of Contractual Obligations in Art Display Agreements

Date: Aug 3, 2023

South Dakota Supreme Court Establishes Enhanced Interpretation of Contractual Obligations in Art Display Agreements Introduction In the landmark case of Peggy A. Detmers v. Kevin Costner, the Supreme...

State of South Dakota v. Long Soldier: Defining 'Possession' and 'Immediate Presence' in First-Degree Robbery

Date: Jul 27, 2023

State of South Dakota v. Long Soldier: Defining 'Possession' and 'Immediate Presence' in First-Degree Robbery Introduction The case of State of South Dakota v. Damen Long Soldier (2023 S.D. 37)...

Sanford v. State of South Dakota: Supreme Court Affirms Procedure for Unsealing Search Warrant Affidavits

Date: Apr 6, 2023

Sanford v. State of South Dakota: Supreme Court Affirms Procedure for Unsealing Search Warrant Affidavits Introduction In the landmark case of In the Matter of an Appeal by an Implicated Individual...

Mandatory CDL Disqualification for Felony Ingestion: Russell C. Stanley v. State of South Dakota

Date: Mar 9, 2023

Mandatory CDL Disqualification for Felony Ingestion: Russell C. Stanley v. State of South Dakota Introduction The case of Russell C. Stanley v. State of South Dakota centers on the disqualification...

Supreme Court of South Dakota Establishes Limits on Private Right of Action for Vulnerable Adult Financial Exploitation

Date: Oct 13, 2022

Supreme Court of South Dakota Establishes Limits on Private Right of Action for Vulnerable Adult Financial Exploitation Introduction In the landmark case, Barbara Hermanek-Peck v. Richard Spry and...

Miranda Waiver and Voluntariness in State v. Larson: Establishing New Precedents in South Dakota Jurisprudence

Date: Oct 6, 2022

Miranda Waiver and Voluntariness in State v. Larson: Establishing New Precedents in South Dakota Jurisprudence Introduction In State of South Dakota v. Tristin Larson, decided by the Supreme Court of...

Landlord Not Liable for Tenant's Dog Bite Without Actual Knowledge or Custody: South Dakota Supreme Court Decision

Date: Sep 15, 2022

Landlord Not Liable for Tenant's Dog Bite Without Actual Knowledge or Custody: South Dakota Supreme Court Decision Introduction In the case of Kevin Davies v. GPHC, LLC, the Supreme Court of South...

Mach v. Connors: Defining Direct Action Eligibility and Fiduciary Duties in Member-Managed LLCs

Date: Aug 11, 2022

Mach v. Connors: Defining Direct Action Eligibility and Fiduciary Duties in Member-Managed LLCs Introduction In the landmark case of Mach v. Connors, adjudicated by the Supreme Court of South Dakota...

Litigation Privilege and Attorney Liability: South Dakota Supreme Court Clarifies Aiding and Abetting in Privacy Invasion

Date: Apr 7, 2022

Litigation Privilege and Attorney Liability: South Dakota Supreme Court Clarifies Aiding and Abetting in Privacy Invasion Introduction The case of Doug Gantvoort v. Mary Ann Ranschau and David R....

Magistrate Court Jurisdiction Affirmed for Juvenile DUI Proceedings under SDCL 32-23-1

Date: Mar 17, 2022

Magistrate Court Jurisdiction Affirmed for Juvenile DUI Proceedings under SDCL 32-23-1 Introduction The State of South Dakota v. Santana Bettelyoun, Jacob Ehret, and Zaven Osborne addresses the...

Landlord Liability in Premises: Control and Duty in Dog Attack Cases - Burgi v. East Winds Court

Date: Jan 27, 2022

Landlord Liability in Premises: Control and Duty in Dog Attack Cases - Burgi v. East Winds Court Introduction Burgi v. East Winds Court is a significant judgment delivered by the Supreme Court of...

Unsealing of Search Warrant Records: South Dakota Supreme Court Sets New Precedent

Date: Oct 28, 2021

Unsealing of Search Warrant Records: South Dakota Supreme Court Sets New Precedent 1. Introduction The Supreme Court of South Dakota, in its October 27, 2021 decision titled In the Matter of an...

South Dakota Supreme Court Establishes Precedent on Short-Term Rentals within Residential Covenants

Date: Jun 17, 2021

South Dakota Supreme Court Establishes Precedent on Short-Term Rentals within Residential Covenants Introduction The South Dakota Supreme Court, in the case of Robert Wilson and Sharlene Wilson v....

Supreme Court of South Dakota Establishes Strict Enforcement of Statutory Limitations in Real Property Contracts

Date: Mar 11, 2021

Supreme Court of South Dakota Establishes Strict Enforcement of Statutory Limitations in Real Property Contracts Introduction In the landmark case In the Matter of the Estate of Norman D. French,...