Two New Decisions today by SD Supreme Court

The SD Supreme Court handed down two decisions this morning: 1) Award of attorney fees to landowner in condemnation proceeding upheld; 2) H loses appeal on property division ruling and ordered to pay W attorney fees; Summaries follow: CITY OF SIOUX FALLS v. JOHNSON PROPERTIES, 2025 S.D. 66: This is a condemnation proceeding initiated by the City of Sioux Falls. Jury awarded landowner “just compensation of $382,600.” Thereafter, the Trial Judge awarded landowner “reasonable attorney fees of $139,724.60.” City appeals the attorney fee award. The SD Supreme Court affirmed. This is a unanimous (5-0) decision, with opinion authored by Chief Justice Jensen. [NOTE, although I don’t normally keep track and report the identity of the trial judge, I see that Hon. Jeffrey C. Clapper (a former student) was the trial judge here. I am not sure I have seen his name “on appeal” before. But maybe – my memory isn’t as good as it used to be.] KING v. KING, 2025 S.D. 67: In this divorce action the trial court treated H’s “pending lawsuit against his former business partners as a marital asset,” awarding it to H at a value of $350,000. H appeals this aspect of the divorce judgment. The SD Supreme Court affirmed in a unanimous (5-0) decision, with opinion by Justice Salter. The Court also awarded W appellate attorney fees of $7,812.50. [NOTE: The resolution of this appeal rested easily upon the fact that SD is an “all property” state, per SDCL 25-4-44.] These decisions may be accessed at http://ujs.sd.gov/Supreme_Court/opinions.aspx .