South Dakota Injunction 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)

United States of America v. Brian Hinman

Rapid City, SD - Criminal defense lawyer represented defendant charged with conspiracy to distribute drugs. Brian Hinman, age 38, was charged with conspiracy to distribute controlled substances. From approximately November 2018 to December 2018, Hinman obtained methamphetamine, which he then distributed in South Dakota. A traffic stop of Hinman by Nebraska State Patrol, in Decem... More...

$0 (11-08-2020 - 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)

Oglala Sioux Tribe, et al. v. Lisa Fleming, Mark Vargos, Honorable Craig Pfeifle, Lynne A. Valenti

<center> <img width="300" src="https://www.usmarshals.gov/district/sd/locations/rapidcty.jpg"> </center> The Oglala Sioux Tribe, the Rosebud Sioux Tribe, and tribal members Madonna Pappan and Lisa Young brought this action against various South Dakota officials under 42 U.S.C. § 1983. They challenged procedures used in proceedings brought by the State to remove children te... More...

$0 (09-18-2018 - SD)

<h1> South Dakota v. Wayfair, Inc. </h1>

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretati... More...

$0 (06-21-2018 - 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)

Jennie Rosenbrahn v. Dennis Daugaard

Sioux Falls, SD - Eighth Circuit holds that South Dakota constitutional prohibition against same sex marriage is unconstitutional Plaintiffs are six same-sex couples seeking to marry in South Dakota or to have their marriage in another state recognized in South Dakota. They also seek state benefits incident to marriage. The district court1 granted Plaintiffs’ motion for 1The... More...

$0 (08-11-2015 - SD)

United States Department of Labor v. Jan Charles Gray

Piere, SD - The United States Attorney's Office (USAO) and the United States Department of Labor (DOL) recently secured a consent judgment of over $8,000.00 and a permanent injunction in South Dakota District Court, ordering Jan Charles Gray and his businesses in Custer, South Dakota, to comply with the Fair Labor Standards Act (FLSA) and to pay back wages and overtime pay owed to former employees... More...

$0 (04-17-2015 - 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)

Lacey Jo March v. Roger Thursby

[¶1.] Lacy Jo March (March) filed a Petition and Affidavit for Protection Order on November 18, 2010, seeking a protection order against Roger Thursby (Thursby). The circuit court granted March the protection order. Thursby appeals, alleging that the findings of fact are insufficient to support the order as signed. Because the findings of fact do not support the protection order the circuit court... More...

$0 (11-09-2011 - SD)

Lacey Jo March v. Roger Thursby

[¶1.] Lacy Jo March (March) filed a Petition and Affidavit for Protection Order on November 18, 2010, seeking a protection order against Roger Thursby (Thursby). The circuit court granted March the protection order. Thursby appeals, alleging that the findings of fact are insufficient to support the order as signed. Because the findings of fact do not support the protection order the circuit court... More...

$0 (11-09-2011 - 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)

Floyd Demaray v. De Smet Farm Mutual Insurance Company

[¶1.] Insureds sued their insurance company for breach of its duty to defend in a pollution suit. The circuit court granted summary judgment for the insureds, ruling that it appeared from the face of the complaint brought by a third party against the insureds that the alleged claim, if true, fell within policy coverage, and therefore, the insurance company breached its duty to defend. On appeal, ... More...

$0 (07-20-2011 - SD)

Oanh Thach v. Tiger Corporation

Oanh and Kim Thach brought this negligence, products liability, and breach of warranty action against Tiger Corporation, the Japanese manufacturer of a rice cooker which allegedly caused a fire at their home. The district court1 granted Tiger judgment on the pleadings, finding that the Thachs had failed to serve it within South Dakota's three year statute of limitations. The Thachs appeal, contend... More...

$0 (06-23-2010 - SD)

Raven Industries, Inc. v. Clark Lee and Integra Plastics, Inc.

[¶1.] Raven Industries (Raven) sued Integra Plastics, Inc. (Integra), a business competitor, and Clark Lee (Lee), a former employee of Raven, by complaint for injunctive relief, tortious interference with contract, and unfair competition. Raven alleged that Lee unfairly competed with Raven by using alleged secret, confidential, or proprietary information that he was contractually obligated not to... More...

$0 (06-16-2010 - 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 â€“ by signing a settlement agr... More...

$0 (03-18-2009 - 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)

James and Carol DeHaven v. Don and Sherrie Hall

[¶1.] James and Carol DeHaven (DeHavens) appeal from a judgment declaring that Don and Sherrie Hall (Halls) possess a permanent right-of-way easement over DeHavens' property, ordering Halls to reasonably maintain and repair the easement, and granting DeHavens $2,358 in damages as well as taxation of disbursements. Halls filed a notice of review. We affirm in part, reverse in part, and remand. ... More...

$0 (07-19-2008 - SD)

Planned Parenthood, etc. v. Mike Rounds

The Governor and Attorney General of South Dakota ("the State"), along with the intervenor crisis pregnancy centers, appeal the district court's preliminary injunction preventing the 2005 version of South Dakota's statute regulating informed consent to abortion from becoming effective. For the reasons discussed below, we vacate the preliminary injunction and remand to the district court for fu... More...

$0 (06-28-2008 - 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.ca8.uscourts.gov/opndir/04/06/031711P.pdf" target="_new">Planned Parenthood v. M. Michael Rounds</a>

Defendants appeal from the District Court's adverse grant of summary judgment, arguing, among other things, that the District Court erred in holding that hospitals are available in South Dakota for abortions. This was the key to the District Court's treatment of the case, leading, in the view of that Court, to a holding that the South Dakota statute placed an undue burden on the right to ch... More...

$0 (06-21-2004 - SD)

<a href="http://www.sdjudicial.com/index.asp?category=opinions&nav=5317&year=2002&month=7&record=999" target"_new">Gluscic v. Avera</a>

John Gluscic, M.D. (Gluscic) appeals the circuit court's final judgment of June 25, 2001, denying his application for a preliminary injunction and for a permanent injunction enjoining Avera St. Luke's (ASL) from revoking his medical staff privileges. We affirm. <center>Factual and Procedural History</center> [2.] On June 26, 1997, the Board of Trustees of ASL in Aberdeen, South Dakot... More...

$0 (07-31-2002 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/02/06/013425U.pdf" target="_new">Dakota Industries, Inc. v. Dayton Hudson Corporation</a>

In 1972, Dakota Industries, Inc., a manufacturer of snowmobile suits, ski pants, and other outer wear, received a federally registered trademark for the mark “Dakota.” Dakota Industries entered into a licensing agreement allowing M. Fine & Sons to use the “Dakota” trademark on men’s and boys’ jeans. Under the agreement, M. Fine manufactured and sold jeans wi... More...

$0 (06-20-2002 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/02/04/002468P.pdf" target="_new">Rosebud Sioux Tribe v. Sun Prairie</a>

This case arises from the Rosebud Sioux Tribe's lease of land to Sun Prairie for construction of a pork production facility. Because the lease covers land included within the Rosebud Indian Reservation, the Bureau of Indian Affairs (BIA) had to review and approve the lease. Prior to approval, and because such constitutes federal action, the National Environmental Policy Act (NEPA), 42 U.S.C. �... More...

$0 (04-05-2002 - SD)

<a href="http://www.state.sd.us/state/judicial/opinions/Cases/2002/2002_035.htm" target="_new">Mark Johnson and Monica Johnson v. Marion Township, Rudy Sturzenbecher, Bruce Haase and Greg Ludens</a>

[1.] Mark and Monica Johnson (Johnson) requested a declaratory judgment and a permanent injunction preventing the Marion Township (Township) from requiring the removal of trees in the township road right-of-way abutting their property. The trial court denied Johnson’s claim. We affirm. Facts [2.] The Township Board (Board) passed a resolution in 1993 requiring all landowner... More...

$0 (03-13-2002 - SD)

Yankton Sioux Tribe v. United States Army Corps of Engineers

Injunction - Indian Cemetary - Plaintiff seeks a preliminary injunction preventing Defendant from allowing water level in the Lake to rise above its current level in order to protect the remains of Native American human remains on the shore of the Lake.... More...

$0 (01-10-2000 - SD)