KONENKAMP, Justice. [ 1.] In this contract dispute, we conclude that the Restatement (Second) of Torts 552B sets the proper measure of damages in a negligent misrepresentation claim. Background [ 2.] Ross and Barbara Delzer owned a ranch in Butte County, South Dakota. In 2004, they hired Bob Gerkin, a real estate agent with Tri-State Realty, Inc., to list the ranch for sale. They gave Gerkin general information about the property, including the water system. Ronald and Sheryl Steineke...
ZINTER, Justice. [ 1.] Former Fall River County Deputy Sheriff Buckly McColl entered into a plea agreement to plead guilty to one count of third-degree rape. In exchange, the State dismissed other charges and agreed to not release an analysis of McColl's use of the Sheriff's Department's computers. More than one year after McColl was sentenced, he moved to withdraw his plea, asserting that the State violated the plea agreement by "leaking" the computer analysis. The circuit court denied the...
SEVERSON, Justice. [ 1.] Richard Litschewski appeals the circuit court's denial of his motion to vacate or modify an illegal sentence. He argues that his sentence was illegal because the circuit court imposed consecutive sentences in an order that was inconsistent with the chronological order in which his crimes occurred. We reverse the circuit court's denial of Litschewski's motion to modify an illegal sentence and remand for further proceedings. Facts and Procedural Background [ 2.] In...
SEVERSON, Justice. [ 1.] Former students of a parochial school brought an action against the Priests of the Sacred Heart, Inc. (PSH) and other defendants, asserting claims of childhood sexual abuse. PSH filed a motion to dismiss the action on the grounds that the former students failed to timely serve process on PSH in accordance with South Dakota law. The circuit court denied the motion to dismiss, finding the former students substantially complied with the applicable service-of-process...
KONENKAMP, Justice. [ 1.] Plaintiff ranchers sued the State because of ongoing damage to their property from incursions of prairie dogs from public lands. Relying on multiple statutes requiring the State to manage and control prairie dog populations, plaintiffs requested injunctive relief, abatement, and damages. After considering cross-motions for summary judgment, the circuit court granted plaintiffs summary judgment and ordered a trial on damages. When the case was reassigned, the State...
KONENKAMP, Justice. [ 1.] Upon issuing a divorce decree, the trial court awarded Julie A. Urbaniak $500 per month in alimony for eight years and attorney's fees. In granting the alimony, the court considered Robert I. "Ike" Urbaniak's social security and military disability payments, but did not order attachment of those benefits. Ike appeals, arguing that the trial court erred in considering his disability benefits in determining alimony. He also contends that the court abused its discretion...
ZINTER, Justice. [ 1.] Trent Danielson was prosecuted for theft from his employer's auto repair business, but he was acquitted by a jury. He later commenced this action for malicious prosecution against his employer. The circuit court granted summary judgment in favor of the employer. The court ruled that Danielson did not establish legal causation between the employer's report of theft and the criminal prosecution. The court also concluded that Danielson failed to establish the absence of...
MEIERHENRY, Retired Justice. [ 1.] This appeal involves Rita Fix's claim against First State Bank of Roscoe and Roscoe Community Bankshares, Inc. (Bank) for intentional infliction of emotional distress and abuse of process. The trial court dismissed Fix's intentional infliction of emotional distress claim; the abuse of process claim was tried to a jury. Fix claims that the trial court erred in dismissing the intentional infliction of emotional distress claim and erred in instructing the jury...
KONENKAMP, Justice. [ 1.] In October 2008, plaintiff brought suit for sexual abuse committed more than forty years earlier. He averred that the abuse was perpetrated by a nun and a priest at a boarding school he attended. Defendants moved for summary judgment asserting that the limitations period had expired on plaintiff's claims because he failed to commence his action "within three years of the act alleged to have caused the injury or condition, or three years of the time [he] discovered or...
ZINTER, Justice. [ 1.] Linda Linge appeals from an order reducing Steven Meyerink's child support obligation. Linge argues that the referee and circuit court abused their discretion in allowing Meyerink a deviation from the child support guidelines based on his financial condition. Linge acknowledges that Meyerink's poor financial condition was caused by his wife's serious medical problems. But Linge argues that Meyerink's obligation to his children takes priority. Under the facts of this...
SEVERSON, Justice. [ 1.] Rylan Wayne Walth (Walth) was convicted of one count of possession with intent to distribute a schedule I and/or II drug and one count of simple possession of a controlled drug. Prior to trial, Walth filed a motion to suppress statements he made to a police officer on the grounds that his Miranda rights were violated. The trial court denied the motion to suppress. We affirm. BACKGROUND [ 2.] On April 25, 2009, Lance Bosch was working as a security guard at Wiley'...
ZINTER, Justice. [ 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 not, what the proper wage increases were following a change in a school funding...
GILBERTSON, Chief Justice. [ 1.] Rapid City (City) Ordinances require a developer to complete certain public improvements before the City accepts a final plat. In lieu of completing the improvements before the City accepts a plat, the City may accept a surety from a developer. In this case, Doyle Estes; Big Sky, LLC; and Dakota Heartland, Inc. (collectively "Developers") provided sureties which the City accepted. The sureties expired. The City sued Developers, seeking relief to have the...
PER CURIAM. [ 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 is reversed. Facts [ 2.] A hearing on March's petition for protection order was...
WILBUR, Justice. [ 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 made. After cross-motions for summary judgment and a court trial, the trial court...
ZINTER, Justice. [ 1.] Lucas Waugh was charged with the attempted rape of Vicki Stroup and the rape of C.B., a minor (Minor). The incidents occurred one after the other within walking distance of each other. The circuit court joined the cases for trial, and a jury found Waugh guilty of both offenses. Waugh appeals joinder and the sufficiency of evidence to support the convictions. We affirm. Facts and Procedural History [ 2.] Both incidents occurred in the early morning hours of September...
ZINTER, Justice. [ 1.] Patrick Hall, Marlyn Erickson, and Fuel Food Mart, Inc. ("Landowners") own property abutting former Exit 66 on Interstate 90 (I-90), a controlled-access highway that passes by Ellsworth Air Force Base. A part of Landowners' property was taken by condemnation in 1961 for the construction of I-90 and Exit 66. In that condemnation proceeding, the State mitigated the severance damages for the property not taken because of the "special benefit" the remaining property would...
KONENKAMP, Justice. [ 1.] In this land contract dispute, the circuit court found ambiguity in the contracts and admitted parol evidence to determine the parties' intent. On appeal, we conclude that the contracts are enforceable as written. We affirm in part, reverse in part, and remand. Background [ 2.] Doug Hoff, his wife Marlene, and his son Brian Hoff owned 9,334.71 acres in Perkins County, South Dakota, making up the "Hoff Ranch." Of the total acreage, Doug and Marlene (the Hoffs)...
MEIERHENRY, Retired Justice. [ 1.] Donald Jacobs worked for Dakota, Minnesota, & Eastern Railroad Corporation (DM & E). Jacobs was injured on the job when he fell on snow-covered ice. Jacobs suffered severe injuries to his elbow and shoulder as a result. He subsequently filed a personal injury claim under the Federal Employers' Liability Act (FELA), which permits suit against railroads for an employee's injury that "result[s] in whole or in part from [the railroad's] negligence." 45 U.S.C....
KONENKAMP, Justice. [ 1.] The circuit court dismissed this case when plaintiff was unable to bring the matter to trial within one year after we remanded in a previous appeal. Because good cause existed to extend the deadline, we reverse and remand. Background [ 2.] In December 2007, Kjerstad Realty, Inc. brought suit against Bootjack Ranch, Inc. for breach of a realty contract. Kjerstad sought and obtained summary judgment. Bootjack appealed, and, on October 28, 2009, we reversed and...
