Justia Government & Administrative Law Opinion Summaries

The Supreme Court affirmed in part and reversed and remanded in part the decision of the circuit court dismissing an application for a writ of prohibition, sua sponte, for lack of subject matter jurisdiction, holding that the circuit court erred by dismissing the alternative application for writ of certiorari.Triple K Land, LLC successfully applied to the Hanson County Board of adjustment for a conditional use permit to construct a pig nursery facility. Loren Huber and Amy Nolan-Huber (the Hubers), adjacent property owners, applied for a writ of prohibition, alternatively designating the application as a verified petition setting forth the illegality of the Board's decision. During a hearing, the circuit court granted Triple K's oral motion to intervene. The court then dismissed the application for lack of subject matter jurisdiction. The Supreme Court reversed in part, holding (1) insofar as the circuit court dismissed the claim for writ of prohibition, it did not err; (2) the Hubers complied with the requirements of S.D. Codified Laws 11-2-61, and the circuit court had subject matter jurisdiction to hear the matter by writ of certiorari; and (3) the circuit court did not abuse its discretion in granting Triple K's motion to intervene. View "Huber v. Hanson County Planning Commission" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting the State's motion to dismiss Appellant's civil action challenging a Department of Corrections (DOC) administrative policy relating to the method and procedures for carrying out capital sentences, holding that provisions of S.D. Codified Laws chapter 23A-27A, rather than the DOC policy, vest members of the executive branch with the authority to carry out a capital sentence.Appellant was convicted of first-degree murder and sentenced to death. Appellant later brought his civil action claiming that a written policy issued by the DOC relating to the execution of a condemned inmate was invalid because it was not promulgated within the rule-making requirements of the state's Administrative Procedure Act (APA). The circuit court dismissed the complaint, determining that the Policy was not subject to the APA and that the authority of the DOC to carry out a death sentence was derived from S.D. Codified Laws 23A-27A-32, whose provisions were self-executing. The Supreme Court affirmed, holding that the DOC policy was not subject to the APA's rule-making requirements. View "Rhines v. S.D. Department Of Corrections" on Justia Law

The Supreme Court affirmed the ruling of the circuit court affirming the decision of the South Dakota Board of Pardons and Paroles affirming the South Dakota Department of Correction's (Department) calculations of Appellant's parole eligibility for his two sentences under the parole grid in S.D. Codified Laws 24-15A-32, holding that the Department correctly calculated Appellant's parole eligibility.Appellant was sentenced to penitentiary terms for aggravated assault against a law enforcement officer and aggravated assault with a dangerous weapon. Before the Supreme Court, Appellant argued that the Department misapplied the parole grid by using one or more of his prior non-violent felony convictions to increase his time until parole. The Supreme Court affirmed, holding that the Department properly applied the parole grid. View "Reck v. South Dakota Board of Pardons & Paroles" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting Plaintiffs' motion for summary judgment in this declaratory judgment action challenging the validity of a zoning ordinance amendment passed by the Pennington County Board of Commissioners (Board), holding that legal notice was insufficient as to the Board, and therefore, the ordinance was void.The Board proposed an ordinance amendment as to a Pennington County Zoning Ordinance regulating mining permits. The Pennington County Planning Commission (Commission) ultimately voted to approve the amendment. The Board then voted to adopt it. Plaintiffs, three citizens, filed a complaint for declaratory relief seeking a judgment that the ordinance was void for failure to comply with the statutory notice provisions for the public hearings before the Commission and County pursuant to S.D. Codified Laws 11-2-18 and -19. The circuit court granted summary judgment for Plaintiffs. The Supreme Court affirmed, holding (1) Plaintiffs had standing to challenge the validity of the ordinance and did not waive their objections to the statutory notice requirements; and (2) legal notice was insufficient as to the Board. View "Abata v. Pennington County Board of Commissioners" on Justia Law

The Supreme Court reversed the judgment of the circuit court dismissing Appellants’ appeal of a decision of the Butte County Commission as untimely, holding that Appellants’ appeal was timely.The Commission held a public hearing on a petition to vacate a public roadway and section line in Butte County. After considering the petition, the Commission voted to approve the petition. Appellants appealed the Commission’s decision to vacate the public roadway and section line. The circuit court dismissed the appeal as untimely. On appeal, Appellants argued that the Commission’s decision could not “become effective” for purposes of S.D. Codified Laws 31-3-34 until it became enforceable. The County argued in response that the Commission’s decision became “effective” on the last date of publication under S.D. Codified Laws 31-3-9. The Supreme Court reversed, holding that a Commission’s resolution and order vacating a road becomes effective under section 31-3-34 twenty days after completed publication under section 31-3-9. View "Olson v. Butte County Commission" on Justia Law

The Supreme Court reversed the decision of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation awarding partial summary judgment in favor of Claimant for existing medical expenses she incurred after she suffered a workplace injury to her right foot that required surgery.This appeal concerned Claimant’s second motion for partial summary judgment to recover existing medical expenses after the Department first award partial summary judgment for Claimant’s incurred medical expenses. Employer and its insurer paid the outstanding medical expenses and then argued that a decision on the second motion was unnecessary because the issue was moot. The Department granted partial summary judgment in favor of Claimant. The circuit court affirmed. The Supreme Court reversed the circuit court’s judgment affirming the Department’s decision and remanded to the circuit court with instructions that the court order the Department to vacate its order and dismiss Claimant’s claim for medical expenses, holding that the claim for medical expenses set forth in Claimant’s motion for partial summary judgment became moot prior to the Department’s final order granting summary judgment and was moot when the circuit court reviewed it on appeal. View "Skjonsberg v. Menard, Inc." on Justia Law

The Supreme Court affirmed the decision of the circuit court affirming in part and reversing in part the decision of the South Dakota Department of Revenue issuing Carsforsale.com a certificate of assessment for alleged use tax violations, holding that Carsforsale was not entitled to an advertising exemption or a sale-for-resale exemption.Carsforsale was a web-based business that offered dealers and individuals an online forum to advertise their vehicle for sale and also provided website hosting, social media integration, and other services. The Department found that Carsforsale was not entitled to an advertising exemption on disputed services and dismissed Carsforsale’s argument that the purchases of domain names were exempt under the sale-for-resale exemption. The Supreme Court held (1) Carsforsale was not entitled to the advertising exemption; and (2) Carsforsale was not entitled to the sale-for-resale exemption. View "Carsforsale.com v. South Dakota Department of Revenue" on Justia Law

The Supreme Court affirmed the circuit court’s dismissal of an appeal from the cease and desist license revocation order of the South Dakota Department of Labor and Regulation, Division of Banking (Division) directing the immediate revocation of the money lender licenses of Dollar Loan Center of South Dakota, LLC, holding that this Court lacked jurisdiction to entertain Dollar Loan’s appeal of the circuit court’s order of dismissal.In dismissing the appeal, the circuit court concluded that there was no statutory right to appeal the order and that Dollar Loan had failed to exhaust available administrative remedies. The Supreme Court affirmed, holding (1) the Division’s order was not a final agency decision that was appealable within the meaning of S.D. Codified Laws 1-26-30; and (2) the Division’s order was not an intermediate agency decision that was immediately reviewable under S.D. Codified Laws 1-26-30. View "Dollar Loan v. S.D. Department of Labor & Regulation" on Justia Law

The Supreme Court affirmed the circuit court’s judgment affirming a hearing examiner’s decision that an exemption from taxation for real property be increased to 100 percent but reversed the award of attorney fees, holding that the circuit court correctly upheld the hearing examiner’s decision but erred in its award of attorney fees.The Pennington County Board of Equalization established an exemption of thirty-two percent for the 2017 tax year for real property owned by American Legion Home Association Post 22. On American Legion’s administrative appeal, the hearing examiner concluded that the real property qualified for a 100 percent exemption under S.D. Codified Laws 10-4-9.2. The Supreme Court held that the circuit court (1) did not err in affirming the hearing examiner’s decision that the property was entitled to a 100 percent exemption under the statute; but (2) awarded attorney fees without sufficient information to determine a reasonable fee. The Court remanded the attorney fee issue. View "American Legion Home Ass’n Post 22 v. Pennington County" on Justia Law

The Supreme Court affirmed the judgment of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation awarding Tammy Lagler, who suffered a workplace injury, permanent-total-disability (PTD) compensation but reversing the decision to award it as a lump sum.The Department determined that Lagler was entitled to PTD compensation and issued a decision granting Lagler’s request for a lump-sum but denying her request for attorney fees. The circuit court affirmed the Department’s decision regarding Lagler’s entitlement to compensation but reversed the Department’s decision to award compensation as a lump sum. The court also reversed the Department’s denial of attorney’s fees. The Supreme Court affirmed, holding that the circuit court did not err by affirming the Department’s decision to award PTD compensation or by reversing the Department’s decision to deny attorney’s fees. The court also correctly determined that Lagler was not entitled to a lump-sum award. View "Lagler v. Menard, Inc." on Justia Law