Justia Real Estate & Property Law Opinion Summaries

The Supreme Court affirmed in part and reversed in part the circuit court's judgment granting specific performance to the Estate of Gordon Campbell in this property dispute, holding that the circuit court erred by determining that there were not material facts in dispute regarding one claim.After Campbell died, his Estate sought to withdraw property contributed by him from Redwater Grazing Association, of which Campbell and John Nelson were founding members. Before the Estate attempted withdraw the property it tried sell it by soliciting bids from Nelson and Jared Capp. The Estate accepted Capp's offer and sought the deed for the property from Redwater so it could convey the property to Capp. Redwater refused to provide the deed. Nelson and Redwater then filed various claims against the Estate and Capp. The circuit court granted specific performance to the Estate and dismissed the remaining claims. The Supreme Court reversed in part, holding that the circuit court (1) did not err when it granted specific performance directing Redwater to deliver the deed for the property to the Estate; (2) did not err in failing to find a valid contract for the sale of the property between Nelson and the Estate; and (3) erred by granting summary judgment to Capp on Nelson's action for claim and delivery of personal property. View "Nelson v. Estate of Campbell" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court granting summary judgment concluding that Plains Commerce Bank could not foreclose on certain trust real estate, that the trustee's mortgage on trust real estate was void and unenforceable, and that Plaintiff was entitled to attorney fees, holding that the attorney fee award was an abuse of discretion.Garry and Betty Beck treated an irrevocable spendthrift trust naming their three children as secondary beneficiaries. Their child Matthew Beck took out a substantial personal loan with Plains Commerce and granted a mortgage to the bank on trust real estate as partial collateral. When Matthew defaulted on the loan, Plains Commerce brought a foreclosure action against Matthew in his capacity as trustee. Jamie Moeckly intervened on behalf of the trust. The circuit court granted summary judgment for Jamie and further granted her motion for attorney fees. The Supreme Court reversed in part, holding (1) the circuit court erred in awarding attorney fees to Jamie as intervenor for the trust; and (2) because there was no mortgage foreclosure the statutory provision in S.D. Codified Laws 15-17-38 authorizing attorney fees "on foreclosure" did not apply. View "Plains Commerce Bank, Inc. v. Beck" on Justia Law

The Supreme Court reversed the circuit court's judgment accepting Plaintiff's adverse possession ownership claim and granting him an access easement under theories of prescriptive easement, easement by necessity, and an easement implied by prior use, holding that the circuit court's decision to grant an easement was not justified.Specifically, the Supreme Court held that the circuit court (1) erroneously applied the doctrine of acquiescence when it determined that Plaintiff and his predecessors in interest met the hostility requirement for adverse possession; and (2) erred when it granted Plaintiff a prescriptive easement allowing access to his land through the disputed property, and the access easement was also not authorized as an easement implied by prior use or necessity. View "Fuoss v. Dahlke Family Limited Partnership" on Justia Law

In this action brought by the City of Sioux Falls seeking to have a partially completed house demolished under a City ordinance the Supreme Court affirmed the circuit court's grant of summary judgment to the City, finding that the City had shown that "normal construction" had ceased for over eighteen months and allowing the City to demolish the structure on the property.In 2013, Defendants began construction on a house. Construction later stalled. The City issued an order for demolition to Defendants, finding the structure in violation of a City ordinance providing that a structure be demolished if "there was been a cessation of normal construction of any structure for a period of more than 18 months...[.]" When Defendants failed to commence demolition the City brought this complaint seeking enforcement of the ordinance. The circuit court granted summary judgment to the City. The Supreme Court affirmed, holding that the City met its burden of establishing the absence of "normal construction" for a period of eighteen months. View "City of Sioux Falls v. Strizheus" on Justia Law

In this action concerning a disputed agreement between between Kenneth and Rebecca Goens and Lynn VanSloten for the sale of an empty lot, the Supreme Court dismissed the appeal for lack of appellate jurisdiction under S.D. Codified Laws 15-26A-3, holding that the underlying interlocutory judgment was not a final judgment under S.D. Codified Laws 15-6-54(b) and was therefore not appealable.Kenneth delivered the purchase agreement at issue and VanSloten's earnest money check to FDT, LLC with the intention that FDT act as the closing agent for the property sale. When a dispute arose regarding the earnest money check and purchase agreement the Goenses filed a complaint against FDT and VanSloten. VanSloten asserted a counterclaim against the Goenses. The circuit court granted FDT's motion for summary judgment against the Goenses, but the order did not resolve the remaining claims or contain any certification under S.D. Codified Laws 15-6-54(b). The Goenses appealed. The Supreme Court dismissed the appeal, holding that because active claims remained in this action at the time of appeal and no Rule 54(b) certification was made, this Court lacked appellate jurisdiction under S.D. Codified Laws 15-26A-3. View "Goens v. FDT, LLC" on Justia Law

The Supreme Court affirmed the order of the circuit court affirming the decision of the Hanson County Drainage Board granting a drainage permit sought by James Paulson to clean out a pre-existing ditch, holding that Appellants were not entitled to relief on their allegations of error.On appeal, Appellants argued that the Board failed to follow the relevant approval procedures and that the Board abused its discretion by approving the drainage permit. The circuit court affirmed. The Supreme Court affirmed, holding (1) the Board complied with the proper procedures for approving the permit; (2) the circuit court did not err in denying Appellants' request to present additional testimony; and (3) the circuit court did not err by denying Appellants' request to take judicial notice of an earlier proceeding. View "Little v. Hanson County Drainage Board" on Justia Law

In this divorce action, the Supreme Court affirmed in part and reversed in part orders entered by two different circuit court judges related to James Farmer's distributional interest in Lakota Lake Camp, LLC and orders related to the release of funds to James's wife, Lori Lieberman, that were previously held by the clerk of court following the execution sale of property owned by Lakota Lake, holding that the court erred in part.Specifically, the Supreme Court held (1) the collection court had subject matter jurisdiction to hear and determine Lori's application for a charging order; (2) the divorce court erred in ordering the release of excess sale proceeds to Lori; and (3) the collection court's order denying Lakota Lake's motion to release to the company the excess sale proceeds from the sale of Granite Perch, the last remaining property owned by Lakota Lake, to Lori must be vacated and the case remanded for further proceedings on the issue. View "Farmer v. Farmer" on Justia Law

The Supreme Court affirmed the judgment of the circuit court determining that Healy Ranch, Inc. (HRI) possessed marketable record title to certain real property in Brule County, voiding Bret Healy's notice of claim, and denying HRI's request for attorney fees, holding that there was no error.HRI brought this quiet title action under the South Dakota Marketable Title Act (SDMTA) seeking to defeat Healy's notice of claim to the disputed real property and establish for itself marketable record title to the property. HRI also sought costs and attorneys fees. Healy counterclaimed, seeking to quiet title to the property in the name of Healy Ranch Partnership (HRP). The circuit court granted summary judgment for HRI. The Supreme Court affirmed, holding (1) Healy's notice of claim was timely, but the cause of action was precluded, and the notice should be voided on this basis; and (2) the circuit court's denial of HRI's request for attorney fees was not erroneous. View "Healy Ranch, Inc. v. Healy" on Justia Law

In this action to quiet title to a parcel of land in Brule County the Supreme Court affirmed the summary judgment decision of the circuit court determining that the current possessors of the subject land (Possessors) acquired title by adverse possession and quieting title in their favor, holding that the circuit court properly granted summary judgment on Possessors' adverse possession counterclaim.Healy Ranch Partnership (HRP) commenced this action to quiet title, naming multiple defendants, including Possessors, the previous possessors, and another member of HRP. Possessors filed a counterclaim alleging that they had acquired title through adverse possession. The circuit court determined that Possessors acquired title by adverse possession, deciding motions to dismiss and for summary judgment adversely to HRP. The Supreme Court (1) reversed the circuit court's decision granting the motion to dismiss, holding that the court erred when it applied this Court's decision in Healy v. Osborne, 934 N.W.2d 557 (S.D. 2019), to assess the sufficiency of HRP's complaint; and (2) affirmed the court's decision granting Possessors summary judgment on their adverse possession counterclaim, holding that Possessors established title to the property by adverse possession. View "Healy Ranch Partnership v. Mines" on Justia Law

The Supreme Court affirmed the decision of the South Dakota Public Utilities Commission (PUC) approving the application of Crowned Ridge Wind, LLC for a permit to construct a wind energy farm in northeast South Dakota, holding that the PUC acted within its discretion in this case.After a contested hearing, the PUC issued a written decision approving the permit. Two individuals who lived in rural areas near the project and had intervened to oppose Crowned Ridge's application sought review. The circuit court affirmed. The Supreme Court affirmed, holding (1) neither of the Intervenors' evidentiary claims were sustainable; and (2) even if the Intervenors' claims were preserved for appeal, the PUC acted within its discretion when it denied the Intervenors' challenges to certain testimony. View "Christenson v. Crowned Ridge Wind, LLC" on Justia Law