South Dakota Homeowners Association Law

Zvitaliy Strizheus v. The City of Sioux Falls, South Dakota

Sioux Falls, South Dakota civil rights lawyers represented Plaintiff who sued Defendants taking of property without just compensation. Plaintiffs Vitaliy and Nataliya Strizheus (collectively "Plaintiffsâ€) seek a preliminary injunction to prevent Defendant the City of Sioux Falls ("the Cityâ€) from enforcing a final state court judgment permitting the razing of Plaintiffs' ... More...

$0 (07-27-2023 - SD)

Matthew Helde, et al. v. A & K Logistics, Inc.., et al.

Rapid City, South Dakota personal injury lawyer represented Plaintiffs who sued Defendants on auto negligence theories. Shane Helde and Crystal Helde individually and through the Estate of Donald Helde, through its personal Representatives Jean Velo. South Dakota personal injury law is governed by the South Dakota Codified Laws. The statute of limitations for personal injury cas... More...

$1 (05-31-2023 - SD)

FIRST NATIONAL BANK v. SHARMIN R. INGHRAM, JUSTIN GLEN INGHRAM a.k.a. JUSTIN G. INGHRAM

<center><h3><h3> Pierre, South Dakota - Real Estate lawyer represented defendants and appellants with appealing foreclosure of their real estate and replevin of their business. </h3></center></center> For summary judgment purposes, we must view the facts most favorably to the Inghrams. These facts show that FNB has a local br... More...

$0 (07-05-2022 - SD)

RUSSELL P. CONTI v. KIBBE CONTI

<center><h3><h2> Pierre, SD - Divorce lawyer represented defendant challenging the court's valuation of the marital estate. </h3></center> In April 2017, Russell Conti brought suit against Kibbe Conti for divorce based on extreme cruelty and adultery or, alternatively, irreconcilable differences. The parties had been marr... More...

$0 (01-27-2022 - SD)

MARTY K. SYRSTAD v. MICHAEL J. SYRSTAD

<center><h3><h2> Pierre, SD - Divorce lawyer represented Plaintiff accused of alienation of affection and child sex abuse. </h3></center> In 1993, when Marty was 14 years old, she began dating Michael's son, Jeremy Syrstad, and while the two were dating, she would spend a significant amount of time at the Syrstad home. Ma... More...

$0 (01-27-2022 - SD)

STATE OF SOUTH DAKOTA v. ROBERT SUCHOR

<center><h2> Pierre, SD - Criminal defense attorney represented Robert Suchor with appealing the jury's verdict finding him guilty of three counts of grand theft by misappropriation of funds by a contractor.</h2></center> [¶1.] Robert Suchor appeals the jury's verdict finding him guilty of three counts of grand theft by misappropriation of... More...

$0 (01-12-2021 - SD)

STATE OF SOUTH DAKOTA v. JOSEPHINE RAE MCREYNOLDS

<center><h2> Sioux Falls, SD - Criminal defense lawyer represented defendant Josephine Rae McReynolds with arguing that the circuit court erred by denying her motion for judgment of acquittal and instructing the jury on the legality of the initial encounter between McReynolds and law enforcement. McReynolds also argues that the circuit court violated her confrontation rights... More...

$0 (11-30-2020 - SD)

STATE OF SOUTH DAKOTA v. KEVIN ALLAN KRUEGER

<center><h2>Brookings, SD - Criminal defense lawyer represented defendant Kevin Krueger charged with first-degree murder.</h2></center> [¶2.] Law enforcement officers in Beadle County had been searching unsuccessfully for Keith Houck during late May and early June of 2016, for reasons unrelated to this case. On June 2, 2016, local resid... More...

$0 (11-07-2020 - SD)

STATE OF SOUTH DAKOTA v. MASON J. BRYANT

Sioux Falls, South Dakota - Criminal Defense Attorney, two counts of aggravated assault and three counts of simple assault. <center> <table> <td> <img width="400" src=" https://ujs.sd.gov/Images/BonHomme.jpg"> </td> </table> <h1> </h1> </center> [¶2.] On the morning of June 9, 2017, Mason Bryant was trying to find... More...

$0 (09-30-2020 - 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)

United States of America v. Anthony Donte Collier

Fargo, ND - Illinois Resident Sentenced on Sex Trafficking Charges Anthony Donte Collier, a/k/a Koleone The Great, age 30, of Illinois, was sentenced on December 21, 2017 in federal court after being found guilty by a trial jury in April of this year. Collier was sentenced to 40 years’ imprisonment, to be followed by a lifetime of supervised release on charges of Conspiracy to Engage in... More...

$0 (12-26-2017 - SD)

Roger Lee v. William Driscoll

Mary and Roger Lee sued Mathews Township, South Dakota, and three members of the Township Board of Supervisors—William Driscoll, Greg Albrecht, and William Albrecht (collectively, the individual defendants)—alleging claims under 42 U.S.C. § 1983 and state law. The defendants moved for dismissal and summary judgment, which the district court denied in part and granted in part. ... More...

$0 (09-07-2017 - SD)

BLACK HILLS EXCAVATING SERVICES, INC. v. RETAIL CONSTRUCTION SERVICES, INC. v. MITCHELL E. MORRIS

RCS hired BHE as a subcontractor for three projects: University Center (University Project), LaCrosse Street Apartments (LaCrosse Project), and Toyota of the Black Hills (Toyota Project). BHE and RCS executed virtually identical subcontract agreements for the projects. All three subcontracts were the subject of this lawsuit, but only issues relating to the LaCrosse and Toyota... More...

$0 (03-14-2016 - SD)

State of North Dakota v. Rodney Brossart

Brossart is a Nelson County landowner and farmer. On June 22, 2011, two of Brossart's adult children observed three cow-calf pairs loose on or near Brossart's property and they determined the cattle did not belong to Brossart. The cattle were secured in a fenced "missile site" Brossart leases. One of Brossart's children told him about the cattle after the cattle were secured. [¶3] On Jun... More...

$0 (02-16-2016 - SD)

North Star Mutual. Insurance. v. KORZAN

On September 19, 2012, Charles Korzan and his brother, Michael Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County to his property in Brule County to feed livestock. The weather and crop conditions were dangerously dry. To transport the hay bales, Michael drove a 1998 International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove... More...

$0 (12-18-2015 - SD)

North Star Mutual. Insurance. v. KORZAN

On September 19, 2012, Charles Korzan and his brother, Michael Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County to his property in Brule County to feed livestock. The weather and crop conditions were dangerously dry. To transport the hay bales, Michael drove a 1998 International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove... More...

$0 (12-18-2015 - SD)

CASPER LODGING v. AKERS

On October 15, 2003, Robert Akers agreed to sell to James Koehler a “turn key Eighty-Four (84) unit Holiday Inn Express” in Casper, Wyoming. The purchase price was set at $4,850,400. The hotel was not yet built; therefore, the parties executed a contract entitled “Improvement Purchase Agreement” (Agreement). The Agreement “set forth the terms and conditions under w... More...

$0 (10-29-2015 - SD)

Estate of Ronald E. Johnson v. Douglas Weber, et al.

The Estate of Ronald E. Johnson and Lynette K. Johnson (collectively, "Johnson") commenced this 42 U.S.C. Â§ 1983 complaint alleging violations of the constitutional and state law rights of the deceased Ronald Johnson. The district court granted summary judgment to defendants. 1 Johnson filed the instant appeal, arguing summary judgment was improper. We affirm. I Pursuant... More...

$0 (05-04-2015 - SD)

Janet Lundquist v. University of South Dakota Sanford School of Medicine

Janet Lundquist commenced this action alleging that her former employer, the University of South Dakota Sanford School of Medicine (the "School of Medicineâ€), violated the Americans with Disabilities Act (ADA) by refusing to accommodate her mental and physical disabilities and by responding to her requests for accommodation with hostile actions that caused her constructive discharge. See 42 ... More...

$0 (02-06-2013 - SD)

Planned Parenthood Minnesota v. Mike Rounds

The Governor and Attorney General of South Dakota ("the Stateâ€), along with two intervening crisis pregnancy centers and two of their personnel (collectively "Intervenorsâ€), appeal the district court's permanent injunction barring enforcement of a South Dakota statute requiring the disclosure to patients seeking abortions of an "[i]ncreased risk of suicide ideation and suicide,â€ ... More...

$0 (07-24-2012 - SD)

AFSCME Local 1025 v. Sioux Falls School District

[¶1.] AFSCME Local 1025 (Local 1025) and the Sioux Falls Education Assistants Association (SFEAA) filed grievances against the Sioux Falls School District (District). The unions alleged that the District violated the parties' labor agreements when the District provided 2.5% wage increases for the 2008-2009 school year. The issues on appeal are: whether the grievances were filed too late; and if n... More...

$0 (11-16-2011 - SD)

Rapid City Journal v. The Honorable John J. Delaney

[¶1.] This is an original proceeding for an alternative writ of mandamus or prohibition brought by the Rapid City Journal, the Associated Press, and the South Dakota Newspaper Association (collectively referred to as the Media) against the Honorable John J. Delaney, circuit court judge. The Media brought this action because Judge Delaney (1) imposed a gag order on the parties and (2) closed the t... More...

$0 (09-07-2011 - SD)

Rick Law v. City of Sioux Falls

[¶1.] The City of Sioux Falls enacted a zoning ordinance controlling the location of new on-sale alcoholic beverage businesses seeking to place video lottery machines in their establishments. In a declaratory action, the circuit court ruled that the City exceeded its authority when it enacted the ordinance. The court concluded that South Dakota's constitutional and statutory scheme indicated that... More...

$0 (09-21-2011 - SD)

Planned Parenthood Minnesota v. Mike Rounds

Planned Parenthood of Minnesota, North Dakota, South Dakota and its medical director Dr. Carol E. Ball (collectively Planned Parenthood) brought this equitable action against Governor Mike Rounds and the South Dakota Attorney General1 (collectively South Dakota) in their official capacities seeking to enjoin enforcement of revisions enacted in 2005 to the South Dakota law on informed consent to ab... More...

$0 (09-02-2011 - SD)

Eagle Ridge Estates Homeowners Association, Inc. v. Terry Mitchell Anderson a/k/a Terry M. anderson

[¶1.] This case involves a dispute concerning the amount Terry and Ann Anderson (Andersons) owe to Eagle Ridge Estates Homeowners Association, Inc. (Homeowners Association) pursuant to a private access easement agreement. The circuit court granted summary judgment to Homeowners Association. Andersons appeal. We reverse. FACTS AND BACKGROUND [¶2.] Andersons own three lots in Law... More...

$0 (01-06-2010 - 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)

American Family Mutual Insurance Company v. Auto-Owners Insurance Company, Sandra Pike, Christopher Pike and Ashley Deiss

[¶1.] American Family Insurance (American Family) filed a complaint for a declaratory judgment against Auto-Owners Insurance Company (Auto-Owners). American Family sought a declaration that it had a subrogated interest against an Auto-Owners' homeowners' policy issued to Sandra Pike, Christopher Pike and Ashley Deiss (tenants). The circuit court granted summary judgment to Auto-Owners and tenants... More...

$0 (11-05-2008 - SD)

James S. Kirlin and Kristin Kirlin v. Kim Halverson, Kelly Cawthorne, and PKJ, Inc., d/b/a Empire Hvac

[¶1.] On August 31, 2005, plaintiff James Scott Kirlin (Kirlin) commenced a lawsuit in the South Dakota Second Judicial Circuit for personal injuries and other losses against defendants Kim Halverson (Halverson), Kelly Cawthorne (Cawthorne) and PKJ, Inc. d/b/a Empire HVAC (PKJ) resulting from an assault that Halverson perpetrated upon Kirlin. Kirlin's wife, plaintiff Kristin Kirlin, concurrently ... More...

$0 (11-05-2008 - SD)

Oglala Sioux Tribe v. C&W Enterprises, Inc.

C & W Enterprises, Inc., appeals from a United States District Court for the District of South Dakota order permanently enjoining the Second Judicial Circuit Court of South Dakota ("state courtâ€) from confirming an arbitration award against the Oglala Sioux Tribe for lack of subject matter jurisdiction. We vacate the permanent injunction, and remand for further proceedings. I. Backgro... More...

$0 (09-05-2008 - SD)

<a href="http://www.sdjudicial.com/opinions/downloads/y2007/24014.pdf" target="_new">Sharon Hanson v. Vermillion School District #13-1 and Board of Education</a>

[1.] On March 22, 2004, the Vermillion School District Board of Education (Board) voted to non-renew Sharon Hanson's professional employee contract with the Vermillion School District (District). The Vermillion Education Association (Association) filed a grievance on her behalf with the District that was rejected by the Board. The Association appealed the Board's decision to the South Dakota De... More...

$0 (01-23-2007 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/03/10/012292P.pdf" target="_new">Midwest Motor Sports v. Arctic Cat Sales</a>

This case arose out of a dispute between Arctic Cat Sales, Inc. (Arctic Cat), a snowmobile manufacturer, and two South Dakota Arctic Cat dealers, Midwest Motor Sports, Inc., d/b/a/ Elliott Power Sports (Elliott), and A-Tech Cycle Service, Inc. (ATech). Elliott sued Arctic Cat, asserting that Arctic Cat had violated South Dakota franchise law when it terminated Elliott's Arctic Cat franchise... More...

$0 (10-20-2003 - SD)

<a href="http://www.sdjudicial.com/index.asp?category=opinions&nav=53&year=2002&month=8&record=1002" target"_new">Schwaiger v. Mitchell Radiology</a>

[1.] Jim Schwaiger (Schwaiger), a radiologist, sued Mitchell Radiology Associates, P.C. (MRA), for misrepresentations that allegedly occurred while MRA was recruiting Schwaiger as an employee. The trial judge granted MRA’s motion for summary judgment. Schwaiger appeals. We affirm. <center>Facts</center> <P? [2.] This dispute stems from actions that took place prior to Schwaiger&#... More...

$0 (08-13-2002 - SD)