Legal Opinion

Banner Health System v. Long

South Dakota Supreme Court

Decided May 21, 2003No. NonePublishedCited by 5 opinions

1Opinion of the Court

SABERS, Justice.

[¶ 1.] On March 8, 2002, Banner Health System (Banner) filed a complaint in the United States District Court for declaratory and other relief against the South Dakota Attorney General. Banner sought a ruling that it is governed solely by the state’s nonprofit corporation law with respect to the sale of its facilities in South Dakota. The Attorney General filed a motion to dismiss. The district court denied the motion to dismiss and certified the following question to this Court:

Whether the laws of South Dakota recognize any legal theory that would subject any of the assets of…

2Cases cited11 opinions

  1. Stevens Bros. Foundation, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1963
  2. Los Angeles County Pioneer Society v. Historical SocietyCalifornia Supreme Court · 1953
  3. Pacific Home v. County of Los AngelesCalifornia Supreme Court · 1953
  4. Northwestern University v. Wesley Memorial HospitalIllinois Supreme Court · 1919
  5. Knock v. KnockSouth Dakota Supreme Court · 1963

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3Cited by5 opinions

  1. Executive Board of the Missouri Baptist Convention v. Windermere Baptist Conference CenterMissouri Court of Appeals · 2009
  2. B.K. ex rel. Kroupa v. 4-HDistrict Court, D. South Dakota · 2012
  3. Estate of Thacker v. TimmSouth Dakota Supreme Court · 2023
  4. In Re Elizabeth J.K.L. Lucas Charitable GiftHawaii Intermediate Court of Appeals · 2011
  5. Ago, Florida Attorney General Reports2003

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