South Dakota Estoppel Law

McLAEN v. WHITE TOWNSHIP

<center><h2><fontcolor="red> Pierre, SD - Appellate lawyer represented Appellants with appealing denial of their requested drainage project. </h2></center></center> Steven McLaen owns agricultural property in White Township within Marshall County, South Dakota. He farms the property with his son Matthew McLaen. In 2014, the McLaens req... More...

$0 (06-10-2022 - SD)

SPENCER LACROIX v. BRENT FLUKE, Warden, Mike Durfee State Prison

<center><h2><fontcolor="red> Pierre, SD - Criminal Defense lawyer represented defendant with a first-degree rape of a child under thirteen years of age charge. </h2></center></center> <center><h1>Child Sexual Predator </h1></center> In 2002, LaCroix lived near Watertown, South Dakota, with his wife and, at that time... More...

$0 (06-10-2022 - SD)

JULIE NIEMITALO v. RICHARD SEIDEL

<center><h3><h3> Pierre, SD - Divorce lawyer represented Defendant and Appellee with whether their divorce agreement released Julie's right to bring a civil suit against Richard. </h3></center> [¶2.] Julie and Richard had been married for 23 years when, in September 2017, she filed for divorce based on Richard's adulter... More...

$0 (04-10-2022 - SD)

AME JO BATCHELDER v. MATTHEW JAMES BATCHELDER

<center><h3><h2> Pierre, SD - Divorce lawyer represented defendant issued a protective order by the court. </h3></center> Ame and Matthew were married on February 26, 2005, in Rapid City, where they continue to reside. They have one child, A.B., who was born in 2006. Ame commenced a divorce action in 2019, and the couple ... More...

$0 (01-27-2022 - SD)

STATE OF SOUTH DAKOTA v. COLE TAYLOR

Sturgis, SD - Criminal Defense Attorney, second-degree rape, and sexual contact involving a second victim <center> <table> <td> <img width="400" src=" https://www.overtimepaylaws.org/wp-content/uploads/2013/09/south-dakota-supreme-court-building.jpg"> </td> </table> <h1> </h1> </center> [¶2.] On November 10, 201... More...

$0 (09-30-2020 - SD)

State of North Dakota v. Jerome Greenshields

<center> <h2> Call Kent Morlan at 888-354-4529 if you need a lawyer ⚖ </h2></center> <center> <h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a>A Receptionist for Five Dollars A Day </h1> </center> In February 2018, the State charged Greenshields with one count of ... More...

$0 (09-23-2019 - SD)

Meierhenry Sargent, LLP v. Bradley Williams; Kerry Williams

<center> <img width="300" src="https://ujs.sd.gov/img/minnehahacounty.jpg"> </center> This appeal presents a pair of issues arising out of a fee dispute between a law firm, Meierhenry Sargent LLP, and two dissatisfied clients, Bradley and Kerry Williams. After removing the firm’s lawsuit seeking to recover its unpaid fees to federal court, the Williamses stayed the action to all... More...

$0 (02-07-2019 - SD)

First State Bank of Roscoe; John R. Beyers v. Brad Allen Stabler; Brenda Lee Stabler

<center> <img width="300" src="https://www.usmarshals.gov/district/sd/locations/aber2.jpg"> </center> First State Bank of Roscoe (the “Bank”) and John R. Beyers appeal the judgment of the district court affirming a bankruptcy 1 court order holding them in 1The Honorable Roberto A. Lange, United States District Judge for the District of South Dakota, affirming the o... More...

$0 (01-31-2019 - SD)

National Music Museum: America Shrine to Music v. Robert Johnson

The subject matter of this lawsuit is a Martin D-35 guitar that Elvis Presley played during his final tour in 1977. He dropped the guitar during a show in St. Petersburg, Florida, and gave the damaged guitar to an audience member. Robert Johnson, a blues guitarist and memorabilia broker, purchased the guitar in 2007. He delivered the Martin D-35 guitar to the National Music Museum:... More...

$0 (09-18-2018 - 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 daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” w... More...

$0 (04-17-2018 - SD)

David Knigge v. B & L Food Stores, Inc. and Estate of Robert Allen Knigge

[¶1.] David Knigge entered into an oral employment contract with his brother, Robert Knigge, to manage a grocery store that was owned by Robert and his wife Lynette. David entered into the contract in part because Robert had cancer and a limited time to live. The contract allegedly included a severance payment to David if Lynette desired to end David’s employment after Robert’s death. Robert ... More...

$0 (02-01-2017 - SD)

GRANITE BUICK v. RAY

Adam Ray began his employment with Granite Buick in 2005. At the time, Granite Buick was known as McKie Buick GMC Pontiac, Inc., and it was part of the “McKie Automotive Group” (McKie Group) that included McKie Ford (formerly McKie Ford Lincoln Mercury, Inc.). Therefore, Ray worked for both Granite Buick and McKie Ford until the McKie Group split in 2012, at which time <b... More...

$0 (12-11-2015 - SD)

MIDWEST RAILCAR v. S.D. DEP’T OF REVENUE

Although procedurally this case involves an appeal from one administrative proceeding, the case implicates two distinct tax issues. For ease of reading, we separately describe the facts related to each. 1. Use Tax Assessed on Parts and Materials used by Midwest for CarMath and M&C Leasing Railcars [¶3.] Midwest Railcar Repair, Inc. is owned by Greg Carmon and is in the busines... More...

$0 (11-25-2015 - SD)

STATE Of South Dakota v. THOMASON

In 2014, this Court vacated Kenneth Dale Thomason Jr.’s (Ken) conviction of aggravated theft by deception. State v. Thomason, 2014 S.D. 18, 845 N.W.2d 640. We held that the State failed to prove all the elements of the offense. Id. ¶ 30. After we vacated his conviction, the State charged Ken with two counts of forgery in violation of SDCL 22-39-36 and SDCL 22-3-3 (aid an... More...

$0 (11-19-2015 - SD)

Cindy Tolle v. Peter Lev

[¶1.] Cindy Tolle sued Peter Lev for damages for failing to transfer ownership of a cabin situated on land owned by the government in a national park. She also sued Lev for tortious interference with a business relationship she claimed with an employer. The circuit court granted summary judgment on both claims. We affirm the dismissal of the tortious interference claim but reverse and remand on t... More...

$0 (09-28-2011 - SD)

Jonette Anson v. Star Brite Inn Motel

[¶1.] Jonette Anson (Anson) failed to file a personal injury claim within the three-year statute of limitations. The circuit court denied her motion to extend the statute of limitations under the doctrine of equitable tolling. We affirm. FACTS [¶2.] On December 23, 2004, Eleshia Zahrbock, Peyton Gerry, Justin Zahrbock, and Anson were guests at the Star Brite Inn (Star Brite), a... More...

$0 (09-08-2010 - SD)

Christopher John Murray v. Travis Gary Mansheim

[¶1.] In this decision we affirm the circuit court and hold that a compulsory counterclaim seeking affirmative relief in a personal injury action cannot be served after the expiration of the statute of limitations. Christopher John Murray and Gary Travis Mansheim were involved in a two-car accident. Immediately prior to the expiration of the statute of limitations, Murray commenced an action agai... More...

$0 (02-24-2010 - SD)

DeSmet Farm Mutual Insurance Company of South Dakota v. Gulbranson Development Company, Inc.

[¶1.] Insurer, De Smet Farm Mutual (De Smet) brought a declaratory action against its insured claiming the language of the policy excluded coverage and a duty to defend the insured in an underlying action. De Smet filed a motion for summary judgment; its insured, Gulbranson Development Company, contended coverage existed under a theory of estoppel. The trial court granted the insured's motion in ... More...

$0 (02-25-2010 - SD)

James A. Swaby, et al. v. Northern Hills Regional Railroad Authority, et al.

[¶1.] Plaintiff landowners brought suit to quiet title to certain railroad rights of way. On cross motions for summary judgment, the circuit court quieted title in favor of the landowners. To resolve this appeal, we must interpret several 1890 deeds and the General Railroad Right-of-Way Act of 1875. We affirm in part, reverse in part, and remand. Background [¶2.] James Swaby, et al... More...

$0 (07-08-2009 - SD)

Estate of Scott W. Dimond aka Scott Dimon, Deceased

[¶1.] Although never decided in South Dakota, many jurisdictions hold that, as a general rule, an unexplained transfer of money or property from a parent to a child creates a rebuttable presumption that the transfer was intended as a gift. In this case, nine months after a mother gave her son $25,000, he died. Declaring that the money was a loan, she sought reimbursement from her son's estate as ... More...

$0 (12-30-2008 - sd)

<a href="http://www.sdjudicial.com/opinions/downloads/y2007/24097.pdf" target="_new">William Rotenberger v. Lex Burghduff</a>

[1.] After the circuit court dismissed William Rotenberger's (Rotenberger) action against Lex Burghduff (Burghduff) for lack of prosecution, Rotenberger brought the same action thirteen months later. Burghduff alleged the action was barred by res judicata and collateral estoppel. Rotenberger proceeded to bring a motion to vacate the order of dismissal, which the circuit court granted. The circu... More...

$0 (01-23-2007 - SD)

<a href="http://www.sdjudicial.com/index.asp?category=opinions&nav=5318&year=2002&month=8&record=1011" target="_new">Table Steaks v. First Premier Bank, N.A. Mastercard International</a>

[1.] Table Steaks, Inc., brought suit against First Premier Bank, NA (First Premier) and MasterCard International (MasterCard) after they terminated the credit card processing agreement and placed Table Steaks on the Combined Terminated Merchant File. A jury awarded Table Steaks a verdict of $259,000. We affirm. FACTS [2.] Table Steaks is a restaurant and bar that also contains pool t... More...

$259000 (08-21-2002 - SD)

<a href="http://www.state.sd.us/state/judicial/opinions/Cases/2001/2001_134.htm" target="_new">The Icehouse, Inc. vs. Geissler et al.</a>

[1.] The Icehouse, Inc. (“Icehouse”) leased portions of a building owned by Paul Geissler and PTG Enterprises, LLC (collectively referred to as “Geissler”). The applicable leases extended through March 5, 2001, with an option to renew for another five-year term held by Icehouse. After a dispute arose as to the parties’ rights under the leases, Icehouse filed a decla... More...

$0 (11-07-2001 - SD)