The
SD Supreme Court handed down four decisions this morning:
- Brule County real estate dispute resolved;
- Brule County real estate dispute resolved;
- Wind Energy Farm in NE South Dakota approved;
- Wind Energy Farm in NE South Dakota approved.
Summaries
follows:
HEALY
RANCH v. HEALY, 2022 S.D. 43: The situation in this appeal is described in the
first two paragraphs of the Court’s opinion, as follows:
[¶1.] This case arises under the
South Dakota Marketable Title Act (SDMTA) as a quiet title action by Healy
Ranch, Inc., (HRI), seeking to defeat a notice of claim filed by Bret Healy to
certain real property in Brule County. HRI asserts that doing so will establish
for itself marketable record title to the property. In its complaint, HRI also
sought costs and attorney fees, alleging that Bret had filed the notice for the
purpose of slandering title to the property. Bret filed a counterclaim in which
he sought to quiet title to the property in the name of Healy Ranch Partnership
(HRP).
[¶2.] The circuit court granted
HRI’s motion for summary judgment, voiding Bret’s notice of claim, but denied
HRI’s request for attorney fees. HRI appeals this latter decision, and by
notice of review, Bret appeals the circuit court’s determination that HRI
possesses marketable record title to the property. We affirm, but under a
different analysis than the circuit court.
This
decision is unanimous (5-0), with opinion authored by Justice Salter. Circuit Judge Sogn sat on this case, in lieu
of Chief Justice Jensen.
HEALY
RANCH v. MINES, 2022 S.D. 44: The situation in this appeal is described in the
first paragraph of the Court’s opinion, as follows:
[¶1.] Healy Ranch Partnership
(HRP) commenced this action to quiet title to a parcel of land located in Brule
County. The complaint named multiple defendants, including the current
possessors of the land, the previous possessors, and another member of HRP. The
individuals currently in possession of the land filed a counterclaim, alleging
they had acquired title through adverse possession. The circuit court decided
motions to dismiss and for summary judgment adversely to HRP, determining that
the current possessors of the land acquired title by adverse possession. HRP
appeals. We reverse the court’s decision to grant the motion to dismiss but
affirm its summary judgment decision quieting title in favor of the current
possessors.
This
decision is unanimous (5-0), with opinion authored by Justice Salter.
CHRISTENSON
v. CROWNED RIDGE WIND, LLC, 2022 S.D. 45:
South Dakota PUC granted Crowned Ridge a permit for construction of wind
energy farm in NE South Dakota, over objection by area residents. The Circuit Court affirmed. The SD Supreme Court also affirmed. This
decision is unanimous (5-0), with opinion authored by Justice Salter. Circuit Judge Krull sat on this case, in lieu
of Chief Justice Jensen.
CHRISTENSON
v. CROWNED RIDGE WIND, LLC, 2022 S.D. 46: South Dakota PUC granted Crowned
Ridge a permit for construction of large wind energy farm in NE South Dakota,
over objection by neighboring residents.
The Circuit Court affirmed. The
SD Supreme Court also affirmed. This decision is unanimous (5-0), with opinion
authored by Justice Salter. Retired
Justice Severson sat on this case, in lieu of Chief Justice Jensen.
These
decisions may be accessed at
