State Ex Rel. Wieber v. Hennings

I respectfully dissent because the appellant lacks standing on appeal to challenge the decision of the trial court. This is a jurisdictional issue that we can raise sua sponte. Long v. Knight Const. Co., Inc., 262 N.W.2d 207, 209 (S.D.1978).

I have no disagreement with the majority’s discussion or resolution of the constitutional issue, but I am personally opposed to the exercise of our rather awesome authority to declare a legislative act unconstitutional without a full briefing and argument. In this instance, no brief was filed to support the constitutionality of the statute. Moreover, we…