Benson v. State

[¶ 27.] I concur in the Court’s opinion to the extent it suggests that Landowners initially had standing because they alleged SDCL 41-9-1.1(2) constituted a taking under the state and federal constitutions. I concur because, when standing is at issue in the early stages of litigation, “the focus is on the party seeking relief, not on the issues [presented, and] [w]e do not consider whether the party filing the challenge ‘will ultimately be entitled to any relief but whether he has the legal right to seek judicial redress for his grievance.’ ” Matter of Baby Boy K., 1996 SD 33, ¶ 14, 546…