McMacken v. State

MORGAN, Justice.

In this appeal, appellant seeks to have us hold SDCL 15-2-9 unconstitutional.1 The South Dakota Code designates SDCL 15-2-9 as a “Limitation of action for deficiencies in construction of building.” Essentially, the statute; (1) precludes any legal action for injuries proximately caused by deficiency in design, planning or construction of an improvement to real property brought against the designer, planner or constructor more than six years after substantial completion of such construction, (2) makes this defense unavailable to the owner or person in actual possession, and,…