South Dakota Laches Law

POWERS v. POWERS and PREVAILING WINDS, LLC

<center><h2><fontcolor="red> Pierre, SD - Real Estate lawyer represented Defendants and Appellees with interpretation of a right of first refusal. </h2></center></center> In 2003, Jerome and Dennis jointly purchased roughly 630 acres of land in Bon Homme and Charles Mix counties for less than fair market value on a contract for deed from J... More...

$0 (06-11-2022 - SD)

Clarkson and Company v. Continental Resources, Inc.

[¶1.] Clarkson and Company (Clarkson) owned and leased land in Harding County, South Dakota, on which Continental Resources, Inc. (Continental) conducted oil and gas exploration activities. Continental agreed to pay Clarkson for use of and damage to Clarkson's property. Clarkson sued Continental, seeking declaratory relief to clarify the terms of the payment agreement Continental and Clarkson mad... More...

$0 (11-09-2011 - SD)

Clarkson and Company v. Continental Resources, Inc.

[¶1.] Clarkson and Company (Clarkson) owned and leased land in Harding County, South Dakota, on which Continental Resources, Inc. (Continental) conducted oil and gas exploration activities. Continental agreed to pay Clarkson for use of and damage to Clarkson's property. Clarkson sued Continental, seeking declaratory relief to clarify the terms of the payment agreement Continental and Clarkson mad... More...

$0 (11-09-2011 - 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)

Discover Bank v. Joseph Stanley

[¶1.] Discover filed a motion for summary judgment in a breach of contract claim against cardholder Joseph Stanley. Discover did so without filing a statement of undisputed material facts. The circuit court granted Discover's motion, and entered a judgment against Stanley. Stanley appeals. We reverse. FACTS [¶2.] Joseph Stanley applied for and was granted a Discover card in March o... More...

$0 (11-18-2008 - SD)

Ronald J. Holecek v. Robert T. Sundby and Genae M. Warrington, etc.

[1.] Ronald J. Holecek appeals the circuit court's grant of summary judgment and denial to vacate the same. The circuit court determined that Holecek lacked standing to bring the lawsuit to quiet title over a property belonging to Robert T. Sundby and Ganae M. Warrington (hereinafter collectively referred to as Sundby). Additionally, the circuit court granted Sundby's summary judgment motion ... More...

$0 (12-18-2007 - 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)