Pennington County v. State ex rel. Unified Judicial System

[¶ 28.] I dissent because the majority opinion goes out of its way to be inconsistent and partially wrong. Footnote 4 correctly provides that “this Court may raise issues of jurisdiction sua sponte.” We may raise jurisdiction sua sponte, but we don’t have to.

[¶ 29.] If the jurisdiction question is reached by this Court sua sponte, we have no authority to say anything other than that there is no jurisdiction. If we were to follow the actual holding of the majority opinion, the bulk of the opinion becomes mere dicta, including paragraphs 5 and 7-16.

[¶ 30.] We have jurisdiction under Tripp…