South Dakota Conversion Law
United States of America v. Valette Keoke
Pierre, North Dakota criminal defense lawyer represented Defendant charged with embezzlement and theft from an Indian tribal organization.<br> <br> Title 18 U.S.C. Section 1163 of Title 18 makes embezzlement, theft, criminal conversion, and wilful misapplication of funds belonging to a tribal organization a crime. It is a felony if the amount taken exceeds $100, and is subject to imprisonment for... More...
$0 (08-07-2023 - SD)ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX <table> <td>
A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five <br> daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” w... More...
$0 (04-17-2018 - SD)Roger Lee v. William Driscoll
Mary and Roger Lee sued Mathews Township, South Dakota, and three<br> members of the Township Board of Supervisors—William Driscoll, Greg Albrecht,<br> and William Albrecht (collectively, the individual defendants)—alleging claims<br> under 42 U.S.C. § 1983 and state law. The defendants moved for dismissal and<br> summary judgment, which the district court denied in part and granted in part. ... More...
$0 (09-07-2017 - SD)United States of America v. Timothy Sherwood
Pierre, SD - Pierre Man Sentenced for Conversion of Mortgaged Property<br> <br> Timothy Sherwood, age 36, was sentenced, a Pierre, South Dakota, man charged with Conversion of Mortgaged Property pled guilty to and was sentenced to five years of unsupervised probation, $25 to the Federal Crime Victims Fund, and $65,095.34 in restitution to the Farm Service Agency (FSA).<br> <br> The conviction stem... More...
$0 (05-28-2016 - SD)PESALL v. MDU, et al
On August 23, 2013, Applicants applied for a permit to construct a <br> 345-kilovolt transmission line that would start near Ellendale, North Dakota; would <br> run through Brown, Day, and Grant counties in South Dakota; and would terminate <br> near Big Stone City. The construction involved the suspension of high-voltage <br> electrical lines from steel monopole towers. Each tower would be appr... More...
$0 (11-05-2015 - SD)GOOD LANCE v. BLACK HILLS DIALYSIS
Good Lance was a resident of Shannon County, South Dakota. <br> Shannon County is located completely within the boundaries of the Pine Ridge <br> Indian Reservation. Good Lance was a regular patient at BHD’s facility in Shannon <br> County. During one of her regular dialysis treatments, Good Lance fell and suffered <br> injuries that generated substantial medical expenses and required a nursi... More...
$0 (11-05-2015 - SD)Western Consolidated Cooperative v. Lynn Pew
[¶1.] Western Consolidated Cooperative (WestCon) sued Lynn Pew for conversion of grain he stole and sold to LaBolt Farmers Grain Company (LaBolt). WestCon also sued LaBolt for conversion for its role in purchasing the stolen grain from Pew. After discovery, WestCon's motion for summary judgment was granted and the circuit court ordered judgment jointly and severally against Pew and LaBolt. LaBolt... More...
$0 (03-09-2011 - SD)Kerwyn Lykken v. Crystal Brady
Pursuant to a valid warrant, law enforcement officers engaged in a large-scale search of Kerwyn Lykken's and Esther Lykken's (together, the Lykkens), Union County, South Dakota, farm. As the search was conducted, some of the Lykkens' livestock bolted through a fence, and Esther's pregnant cat gave birth. The search lasted four days, during which the livestock lost weight, Esther's stove was left o... More...
$0 (09-21-2010 - SD)Michael Johnson d/b/a Michael Johnson Construction v. Robert Larson and Joel Penny
[¶1.] In this breach of contract, conversion, and unjust enrichment case, the circuit court held that defendants were unjustly enriched by plaintiff's services, after a jury rendered a verdict in favor of defendants on plaintiff's breach of contract and conversion claims. On appeal, we reverse the court's damages award against one defendant because two express contracts govern the rights between ... More...
$0 (02-24-2010 - SD)Ed Cable v. Union County Board of County Commissioners, et al.
[¶1.] Ed Cable (Cable) and Save Union County, LLC, (Save Union County) filed an appeal under SDCL 7-8-27 in circuit court seeking an order reversing the issuance by the Union County Board of Commissioners (County) of a rezoning permit to Hyperion, LLC, (Hyperion) for the construction of an oil refinery in Union County, South Dakota. The circuit court found Cable and Save Union County were without... More...
$0 (07-15-2009 - SD)Kernelburner, LLC, et al. v. Mitchhart Manufacturing, Inc.
[¶1.] Kernelburner, LLC, Paul Iburg and Paul Hofer, Jr. (collectively Sellers) initiated an action for breach of contract against MitchHart Manufacturing, Inc., Scott Paulson, Chad Clites, Mike Fokken, and Scott Fokken (collectively Buyers) for failure to pay the final payment of $89,039.26 on an installment purchase agreement. Buyers counterclaimed for breach of contract, conversion, fraudulent ... More...
$0 (05-09-2009 - SD)Rita Fix v. First State Bank of Roscoe
This bankruptcy proceeding involves a dispute between Rita Fix and the First State Bank of Roscoe (the Bank) over Fix's home, which the Bank sold to a third party despite representing to Fix she could possess the home as long as she lived. The district court determined Fix enjoyed a homestead right in the property. The district court also determined she did not – by signing a settlement agr... More...
$0 (03-18-2009 - SD)Cheryl D. Jacobson v. Kevin Leisinger
[1.] This opinion encompasses two separate appeals dealing with the same parties but involving independent issues and facts. Each will be addressed separately. In #24991, Cheryl Jacobson appeals the circuit court's decision denying her request for attorney fees, and in #24492 & #24498, Kevin Leisinger appeals the circuit court's dismissal of his defamation action against Jacobson. <P> JACOBSON'S... More...
$0 (03-12-2008 - SD)<a href="http://www.ca8.uscourts.gov/opndir/07/09/063668P.pdf" target="_new">Barbara Robinson v. Brandtjen & Kluge</a>
<P>Barbara Robinson and her husband Kent sued Brandtjen & Kluge, Inc., ("B&K"), alleging causes of action based on strict products liability and negligence, as well as a derivative claim based on loss of consortium and a claim for punitive damages. The district court1 granted summary judgment for B&K, and we affirm. <P> I <P> Barbara Robinson ("Robinson") worked at Clark Printing, Inc., a p... More...
$0 (09-18-2007 - SD)<a href="http://www.ca8.uscourts.gov/opndir/02/04/002884P.pdf" target="_new">Clifton Berglee v. First National. Bank</a>
Dr. Berglee brought this coercive action to recover $252,876.71 from the First National Bank (Bank) based on a Montana federal district court's declaratory judgment that the Bank had disbursed funds from Berglee's line of credit without his authorization. Berglee also claimed in this action that the Bank committed fraud in the wrongful handling of his accounts and converted proceeds from the s... More...
$0 (04-19-2002 - SD)Renee Parker v. Western Dakota Insuror's Inc.
Insurance Commissions - Unjust Enrichment - Renee Parker was employed as a salaried insurance sales agent and manager with First American Systems from June 1982 to December 1992. In 1988, the president and principal owner of First American, Tom Lane, made known his plans to retire. Parker expressed concern to Lane about her future. If... More...
$34102 (02-02-2000 - SD)