Legal Opinion

Crowley v. Spearfish Independent School District, Number 40-2

South Dakota Supreme Court

Decided August 9, 1989No. 16403PublishedCited by 15 opinions

1Opinion of the Court

HENDERSON, Justice.

CASE SUMMARY

We hold that the Circuit Court did not err in dismissing a writ of mandamus. To obtain mandamus, appellants must first invalidate a quiet title action and defeat a right of reverter. Further, appellants now seek to establish legal rights through mandamus, which they cannot do. Appellants do not have standing to challenge a quiet title action. Standing is res judicata, decided in 1987, and the same parties are before us. The school board cannot be mandated to sell property or pass any resolution affecting the property in question as (1) it does not own the…

2Cases cited11 opinions

  1. Pearson v. AdamsSouth Dakota Supreme Court · 1979
  2. Tri-State Refining & Investment Co. v. Apaloosa Co.South Dakota Supreme Court · 1988
  3. Nelson v. Hawkeye Security Insurance Co.South Dakota Supreme Court · 1985
  4. State Ex Rel. Cook v. RichardsSouth Dakota Supreme Court · 1932
  5. In Re the Alleged Mental Illness of GillespiSouth Dakota Supreme Court · 1986

6 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Sorrels v. Queen of Peace HospitalSouth Dakota Supreme Court · 1998
  2. Willoughby v. GrimSouth Dakota Supreme Court · 1998
  3. Black Hills Central Railroad v. City of Hill CitySouth Dakota Supreme Court · 2003
  4. Hogg v. SiebrechtSouth Dakota Supreme Court · 1990
  5. Atkinson v. City of PierreSouth Dakota Supreme Court · 2005

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