Legal Opinion
Weegar v. Bakeberg
South Dakota Supreme Court
Decided February 8, 1995No. 18647PublishedCited by 17 opinions
1Opinion of the Court
WUEST, Retired Justice.
Kay Weegar and her minor daughter, Ca-sie Kenyon, through a guardian ad litem, appeal the circuit court’s dismissal of their paternity action brought under the 1979 version of SDCL 25-8-9. Weegar and Kenyon claim the two-year statute of limitations in that version of the statute is unconstitutional. Kenyon further claims her minority status tolls the statute of limitations in any action brought by her. Because we find the statutory period at issue violates Kenyon’s constitutional rights to equal protection under the Fourteenth Amendment, we reverse and remand for trial.
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2Cases cited28 opinions
- Clark v. JeterSupreme Court of the United States · 1988
- Mills v. HabluetzelSupreme Court of the United States · 1982
- Pickett v. BrownSupreme Court of the United States · 1983
- McGuire v. C & L RESTAURANT INC.Supreme Court of Minnesota · 1984
- Dornfeld v. JulianIllinois Supreme Court · 1984
23 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Matter of Certif. of Questions of LawSouth Dakota Supreme Court · 1996
- Homestake Mining Co. v. South Dakota Subsequent Injury FundSouth Dakota Supreme Court · 2002
- State v. QuinnSouth Dakota Supreme Court · 2001
- Certification of a Question of LawSouth Dakota Supreme Court · 2000
- Tovsland v. ReubSouth Dakota Supreme Court · 2004
12 more not listed; retrieve them via the Exa API.