Dahn v. Trownsell

[¶ 29.] Although I concur based on Trown-sell’s conduct,6 I submit that Plocek v. Simpson, 75 S.D. 258, 63 N.W.2d 262 (1954), is neither good law nor merely “irrelevant” in light of Mennonite Board of Missions v. Adams, 462 U.S. 791, 103 S.Ct. 2706, 77 L.Ed.2d 180 (1983).

[¶ 30.] Mennonite requires “[n]otiee by mail or other means as certain to ensure *543actual notice ... if [party’s] name and address are reasonably ascertainable.” 462 U.S. at 800, 103 S.Ct. at 2712, 77 L.Ed.2d at 188. A party’s name and address may be “reasonably ascertainable” from sources other than the “last known address”…