The
SD Supreme Court handed down four decisions this morning:
- Mechanic’s lien enforced;
- Option agreement upheld:
- Attempted modification of variance rejected; and
- LWOP sentence upheld.
Summaries
follows:
SMITH
MASONRY v. WIPI GROUP, USA, INC., 2023 S.D. 48:
This is an action for a mechanic’s lien foreclosure and attorney
fees. A counterclaim was filed.
Following a 6-day bench trial, the trial court denied relief to both plaintiff
and defendant invoking “principles of equity” to support its
ruling. The trial court also ordered
each side bear its own attorney fee obligation.
The SD Supreme Court reversed and remanded, ordering the “[trial]
court to enter a judgment of foreclosure in favor of Smith Masonry on its
mechanic’s lien.”
The Court also ordered the trial court to reconsider Plaintiff’s request for
attorney fees. This decision is
unanimous (5-0), with opinion authored by Justice DeVaney.
PARMELY
TRUST v. MAGNESS, 2023 S.D. 49: This dispute, as well as its resolution at the
trial level and on appeal, is summarize in the opening paragraph as follows:
[¶1.] The Genevieve J. Parmely
Revocable Trust sought a declaratory judgment asking the court to determine
that an option agreement made with Brad Magness was invalid because of the
absence of consideration. The parties filed cross-motions for summary judgment
regarding the existence of consideration. The circuit court granted summary
judgment in favor of the Trust. Magness appeals. We reverse and remand with direction
to enter summary judgment on that issue in favor of Magness.
This
ruling is unanimous (5-0), with opinion authored by Justice Myren.
GONSOR
v. DAY COUNTY, 2023 S.D. 50: Landowners were granted a variance from zoning
requirement (for grading rocks and setbacks) as to their property. This decision was “filed” on or before December 15,
2015. Neighbors requested a
reconsideration on January 14, 2016. On
March 29, 2016, Zoning Board “modified” the variance by imposing
an additional requirement. Landowners
then sought a building permit 4 years later and were denied because on
non-compliance with the “modification” which was subsequently
imposed. Landowners sued County
Commission and Board for Declaratory Judgment. Both the County Commission and
the trial court ruled against the landowners, due to non-compliance with the “modification.” The SD Supreme Court
reversed and remanded. Applying SDCL
11-2-61, the Court stated:
[¶13.] As noted in Jundt,
the “right to reverse an earlier, erroneous adjudication lasts until
jurisdiction is lost by appeal or until a reasonable time has run, which would
at least be co-extensive with the time required by statute for review.” 2007
S.D. 62, ¶ 7, 736 N.W.2d at 512 (quoting Stearns-Hotzfield v. Farmers Ins.
Exch., 360 N.W.2d 384, 389 (Minn. Ct. App. 1985)). Consequently, any
authority the Board of Adjustment had to reconsider its November 2015 decision
ceased to exist when that decision became final on January 14, 2016. The filing
of a request for reconsideration did not extend the time to appeal, and the
Board of Adjustment did not reconsider the variance before the appeal time
expired. Consequently, the Board of Adjustment no longer had the authority to
reconsider the variance when it did so on March 29, 2016.
This
decision is unanimous, with opinion authored by Justice Myren.
STATE
v. CAFFEE, 2023 S.D. 51: Upon a guilty plea to 1st degree
manslaughter, Defendant was sentenced to life without parole. The SD Supreme Court rejected Defendant’s
appeal predicated upon cruel and unusual punishment and abuse of
discretion. The underlying facts, as
set forth in the opinion are as follows:
[¶1.] On October 24, 2021, while
a no-contact order was in place, Mitch Caffee (Caffee), armed with a pistol,
forced his way into the home where his wife, Katie Caffee (Katie), was staying
with her ninety-year-old grandmother, Lorraine Redmann. Caffee had posted bond
following a prior violation of the no-contact order just four days before. Once
inside Redmann’s home, he struck Katie and pushed her down onto a couch. When
Redmann came out of her bedroom and tried to call 911, Caffee fatally shot her
in the face. With Redmann lying dead on the floor, Caffee proceeded to hold
Katie hostage in the home for hours while he contemplated his next steps.
Caffee eventually surrendered and was arrested and charged with multiple
offenses including first-degree murder.
This
decision is unanimous (5-0), with opinion authored by Justice Kern.
These
decisions may be accessed at
