Burlington Northern Railroad v. Green

[¶ 33.] The circuit court originally granted BNRR’s motion to amend its complaint so it could potentially recover a refund for the first half of its 1994 taxes. The court then reversed field and denied BNRR’s motion to amend without explanation. The general rule is that a motion to amend is freely granted and a circuit court should do so unless it will somehow prejudice the adverse party. See SDCL 15 — 6— 15(a); Kjerstad v. Ravellette Publications, Inc., 517 N.W.2d 419, 423 (S.D.1994).

[¶ 34.] Without evidence of the trial court’s rationale for denying BNRR’s motion, however, this Court cannot…