Justia Government & Administrative Law Opinion Summaries

The Supreme Court reversed the circuit court’s decision affirming the determination of the South Dakota Department of Labor’s Division of Human Rights (DHR) that there was not probable cause to believe the allegations of Joyce Riggs that Bennett County Hospital and Nursing Home, her former employer, opposed her claim for unemployment benefits in retaliation for her earlier request for permission to bring a companion dog to work.The Supreme Court neither affirmed nor reversed the decision of DHR, but remanded the case back to DHR for further consideration, holding that DHR’s decision was incomplete and the circuit court’s affirmance was premature. View "Riggs v. Bennett County Hospital & Nursing Home" on Justia Law

The Supreme Court reversed the circuit court’s judgment reversing the decision of the South Dakota Commission on Gaming, which revoked Defendant’s gaming support license and banned him from entering any gaming establishment in South Dakota, holding that the sanction imposed by the Commission was within its discretion.The Commission revoked Defendant’s license and imposed a sanction after concluding that Defendant mishandled money while working in a casino and that he was untruthful in the subsequent investigation. The circuit court concluded that several of the Commission’s factual findings were clearly erroneous and that the sanction imposed by the Commission was an abuse of discretion. The Supreme Court reversed, holding that the Commission (1) did not err by concluding that Defendant acted dishonestly or fraudulently; and (2) did not abuse its discretion by revoking Defendant’s license and adding him to the exclusion list. View "South Dakota Commission on Gaming v. Johnson" on Justia Law

The Supreme Court vacated the decision of the circuit court affirming the decision of the South Dakota Public Utilities Commission issuing an order accepting the certification of TransCanada Keystone Pipeline LP that it continued to meet permit conditions, holding that the circuit court lacked jurisdiction to hear Appellants’ appeals.The Commission granted a permit to TransCanada to construct the Keystone XL Pipeline in South Dakota. None of the parties in that proceeding appealed the order issuing a permit. Because TransCanada was unable to commence construction within four years, it certified that it continued to meet the permit conditions, as required by S.D. Codified Laws 49-41B-27. After conducting an evidentiary hearing, the Commission accepted the certification. Appellants - the Cheyenne River Sioux Tribe, the Yankton Sioux Tribe, and Dakota Rural Action - each appealed. The circuit court affirmed. The Supreme Court consolidated the appeals, vacated the circuit court’s decision, and dismissed the appeal, holding that the circuit court lacked jurisdiction to hear the appeals. View "In re Keystone XL Pipeline" on Justia Law

The Supreme Court affirmed the order of the circuit court dismissing Appellant’s appeal from a letter sent by the South Dakota Board of Pardons and Paroles denying Appellant’s request to review her parole date again.Appellant, a prison inmate, did not appeal from the Board’s adjudication of her initial parole-eligibility date. Two years later, Appellant requested the Board to reconsider. The Board declined, and Appellant filed an administrative appeal in circuit court. The circuit court dismissed the appeal with prejudice, concluding that it lacked subject matter jurisdiction because (1) the Board’s letter was not an appealable “decision, order, or action” within the meaning of S.D. Codified Laws 1-26-30.2; and (2) it did not have subject matter jurisdiction to review the Board’s final parole determination. In affirming, the Supreme Court held (1) the Board’s letter declining an additional review was not a final decision in a contested case that could be appealed to the circuit court; and (2) because Appellant did not appeal the Board’s final determination within thirty days as required by S.D. Codified Laws 1-26-31, the circuit court correctly concluded that it did not have subject matter jurisdiction to hear Appellant’s appeal. View "Peterson v. South Dakota Board of Pardons & Paroles" on Justia Law

The Supreme Court affirmed the circuit court’s order affirming the Department of Labor’s grant of summary judgment to Fall River County and against Plaintiff, a former County employee, who alleged that the County committed an unfair labor practice in refusing to hold a hearing on her grievance. In dismissing Plaintiff’s petition, the Department concluded that Plaintiff’s claim did not an allege an unfair labor practice because Plaintiff was not an employee at the time she filed her formal grievance. The circuit court affirmed, concluding that the Department of Labor lacked jurisdiction to hear Plaintiff’s claim. The Supreme Court affirmed, holding that the County’s refusal to provide a grievance hearing to a former employee did not constitute an unfair labor practice. View "Winslow v. Fall River County" on Justia Law

The Supreme Court affirmed the circuit court’s order affirming the Department of Labor’s grant of summary judgment to Fall River County and against Plaintiff, a former County employee, who alleged that the County committed an unfair labor practice in refusing to hold a hearing on her grievance. In dismissing Plaintiff’s petition, the Department concluded that Plaintiff’s claim did not an allege an unfair labor practice because Plaintiff was not an employee at the time she filed her formal grievance. The circuit court affirmed, concluding that the Department of Labor lacked jurisdiction to hear Plaintiff’s claim. The Supreme Court affirmed, holding that the County’s refusal to provide a grievance hearing to a former employee did not constitute an unfair labor practice. View "Winslow v. Fall River County" on Justia Law

At issue was the Meade County Board of County Commissioners’ order approving incorporation of a proposed municipality of Buffalo Chip City and setting an election for voters to decide whether to assent to incorporation.After denying a request to stay the election, the election was held, and a majority of voters chose to incorporate Buffalo Chip City. The Board then declared Buffalo Chip City formally incorporated. The circuit court heard Appellees’ appeal and issued a judgment declaring that the Board’s order was invalid, that the election was a nullity, and that Buffalo Chip City was void. The Supreme Court reversed and vacated the circuit court’s judgment, holding that S.D. Codified Laws 9-3-20 requires that any action challenging Buffalo Chip City’s incorporation be brought by the State, and because Appellees did not bring their suit on behalf of the State, the circuit court lacked subject-matter jurisdiction. View "Lippold v. Meade County Board of Commissioners" on Justia Law

The Supreme Court affirmed the circuit court’s judgment affirming a certificate of assessment issued by the Department of Revenue requiring Valley Power Systems, Inc. to pay alternate contractor’s excise tax, use tax, interest, and a penalty.Valley Power contracted with Black Hills Power, Inc. (BHP) to install new exhaust manifolds on five mobile power units that were used by a utility company to provide supplemental power at one of its power plants, but Valley Power did not pay any tax with respect to the transaction. Instead BHP paid use tax on the transaction. After an audit of both companies, the Department refunded BHP’s use tax and issued a certificate of assessment requiring Valley Power to pay $54,404. An administrative hearing examiner and the circuit court affirmed the assessment. The Supreme Court affirmed, holding that the Department did not err in concluding that Valley Power was required to pay excise and use tax. View "Valley Power Systems v. S.D. Department of Revenue" on Justia Law

The Supreme Court reversed the decision of the circuit court reversing the decision of the Pennington County Board of Commissioners reversing the decision of the Pennington County Planning Director approving a construction permit for Croell Redi-Mix Inc. to continue using and expand an existing mining operation. On appeal, the Board argued that the issuance of the permit violated Pennington County’s zoning ordinances. The Supreme Court held that the circuit court erred by reversing the Board’s decision because (1) the Board properly entertained the appeal from the Director’s decision, and the circuit court erred in concluding otherwise; (2) the Board properly declined to issue a construction permit for the purpose of doing that which is prohibited under section 507(B) of the Pennington County Zoning Ordinance, and therefore, the circuit court erred by reversing the Board’s decision; and (3) the circuit court’s conclusion that the Board acted arbitrarily in denying the construction permit was premised on an erroneous interpretation of the controlling ordinances. View "Croell Redi-Mix, Inc. v. Pennington County Board of Commissioners" on Justia Law

The circuit court erred when it applied de novo review to a decision of the America Township Board of Supervisors and then reversed the Board’s decision downgrading a seven-mile stretch of road from full maintenance to minimum maintenance. A portion of the road at issue provided Appellees access to South Dakota Highway 50. Appellees appealed the Board’s decision. The circuit court reversed the Board’s decision and ordered that minimum maintenance signs be taken down. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) Appellees’ lawsuit was not barred by lack of standing or by sovereign immunity; (2) the circuit court did not err in concluding that the Board acted arbitrarily because the Board failed to consider an important aspect of the issue under S.D. Codified Laws 31-13-1.1; but (3) the circuit court should have remanded the matter back to the Board for a rehearing rather than applying de novo review to the Board’s decision. View "Surat v. America Township" on Justia Law