86 results for 'court:"USDC South Dakota"'.
J. Schreier grants the county's motion to dismiss in part in a matter arising from a dispute over an agriculturally zoned property. The property owner and property renter sought to use the property for large events including weddings, family reunions and other large social events. The owner and renter further allege that, over the course of over two years, the county threatened them with fines, injunctions and investigations. A number of claims survive because absolute prosecutorial immunity is limited to claims for money damages.
Court: USDC South Dakota, Judge: Schreier, Filed On: July 31, 2023, Case #: 4:22cv4124, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Zoning
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Lange grants defendant individuals' and counterclaim individual plaintiffs' motion for summary judgment in a matter involving a dispute over a farmland lease agreement. However, the court stays any further proceedings until pending appeal from a decision by the South Dakota Supreme Court.
Court: USDC South Dakota, Judge: Lange, Filed On: July 7, 2023, Case #: 3:22cv3003, NOS: Other Contract - Contract, Categories: Property, Contract
J. Piersol denies a law firm's motion for summary judgment and grants in part Citibank's motion for summary judgment in a matter in which the firm sought to recover funds for collection and legal work it performed on second mortgage accounts that Citibank placed with the firm but later recalled. The firm presented evidence demonstrating the elements of an unjust enrichment, therefore Citibank was not entitled to summary judgment on that claim. However, the firm's claims for promissory estoppel were also denied because the firm relied on the alleged claims of a Citibank employee between 2010 and 2012. Those alleged claims were "simply too vague and indefinite to constitute a 'promise' for purposes of promissory estoppel."
Court: USDC South Dakota, Judge: Piersol, Filed On: June 30, 2023, Case #: 4:19cv4195, NOS: Other Contract - Contract, Categories: Evidence, Banking / Lending, Contract
J. Piersol dismisses a pro se individual's claims against the Oglala Sioux Tribe Council, Department of Interior and Bureau of Indian Affairs after the individual alleged that Oglala Sioux Tribe Council improperly authorized loans to itself for cannabis businesses in prime locations. The individual's fraud claims are not supported by evidence and the court has no jurisdiction due to tribal sovereign immunity.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 28, 2023, Case #: 5:23cv5041, NOS: Commerce - Other Suits, Categories: Fraud, Native Americans, Jurisdiction
J. Piersol grants in part and denies in part a motion to compel arbitration concerning an agricultural marketplace sellers agreement. The farm operator is compelled to arbitrate the agriculture technology company's counterclaims for the legitimacy of certain contracts. The company's motion seeking dismissal is otherwise denied.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 26, 2023, Case #: 4:23cv4023, NOS: Arbitration - Other Suits, Categories: Agriculture, Arbitration
J. Schreier finds that an insurance company is not liable for claims of fraud, negligence and misrepresentation in a matter involving a project that the Western Area Power Administration sought to complete. The energy company failed to meet its burden to prove any claims or to show why it is legally entitled to pursue a breach of contract claim.
Court: USDC South Dakota, Judge: Schreier, Filed On: June 13, 2023, Case #: 4:20cv4033, NOS: Insurance - Contract, Categories: Fraud, Negligence, Contract
J. Lange grants an organization's motion for a preliminary injunction to restrain government officials from enforcing a "limited public use policy" which restricted petition circulators to "designated areas" apart from the entrances to the Minnehaha County government buildings. The preliminary injunction restrains defendants from enforcing the policy while the matter is pending.
Court: USDC South Dakota, Judge: Lange, Filed On: June 13, 2023, Case #: 4:23cv4075, NOS: Other Civil Rights - Civil Rights, Categories: Elections, First Amendment
J. Piersol grants an Idaho Housing and Finance Association motion to dismiss an individual's pro se complaint alleging that the association was attempting to deprive him of property to which they are not entitled by preventing him from assigning his property to his heirs in trust. The individual has presented an insufficient complaint in every respect to survive dismissal.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 1, 2023, Case #: 4:23cv4036, NOS: Negotiable Instrument - Contract, Categories: Property, Trusts
J. Lange denies Brown County, South Dakota's motion to dismiss a matter in which an energy company sought relief against the enforcement of the County's temporary moratorium on pipeline permitting and construction. The county sought dismissal claiming a lack of subject matter jurisdiction, however the energy company has alleged a concrete injury in fact caused by the moratorium.
Court: USDC South Dakota, Judge: Lange, Filed On: June 1, 2023, Case #: 3:22cv3018, NOS: Other Statutory Actions - Other Suits, Categories: Energy, Jurisdiction
J. Schreier denies motion for partial summary judgment in a matter involving a Bureau of Indian Affairs project to replace the roof at the Oglala Adult Offenders Facility at Pine Ridge, South Dakota. Summary judgment is denied because questions still remain concerning industry standards on the asphalt application to roofs.
Court: USDC South Dakota, Judge: Schreier, Filed On: May 30, 2023, Case #: 5:22cv5001, NOS: Miller Act - Contract, Categories: Property, Contract
J. Lange denied a motion by the United States for dismissal of the Oglala Sioux Tribe's amended complaint alleging a lack of reservation police protection for tribal members. The court grants an expedited preliminary injunction in part to the extent the the United States "may neither abandon altogether funding and support of the Tribe's law enforcement, nor act arbitrarily and capriciously, or otherwise in disregard of that duty." The court held that the United States should reevaluate the Tribe's requested funding including the service population data and provide technical assistance to refine the funding request.
Court: USDC South Dakota, Judge: Lange, Filed On: May 23, 2023, Case #: 5:22cv5066, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans