Decker Ex Rel. Decker v. Tschetter Hutterian Brethren, Inc.
South Dakota Supreme Court
1Opinion of the CourtGilbertson, Justice
(on reassignment).
INTRODUCTION
[¶ 1.] This case calls for a determination by this Court as to whether the underlying dispute between the parties is secular, and *359thus appropriate for us to adjudicate, or whether it is religious and thus beyond the jurisdiction of the courts of the State of South Dakota.
FACTS
[¶ 2.] Here, as in Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 699, 96 S.Ct. 2372, 2376, 49 L.Ed.2d 151, 157 (1976) a case involving disputes of a religious nature, “[a] proper perspective on the relationship of these parties and the nature of this dispute requires some…
2Cases cited19 opinions
- Prince v. MassachusettsSupreme Court of the United States · 1944
- Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
- Watson v. JonesSupreme Court of the United States · 1872
- Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
- Jones v. WolfSupreme Court of the United States · 1979
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3Cited by16 opinions
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- Pennington County v. State ex rel. Unified Judicial SystemSouth Dakota Supreme Court · 2002
- Hutterville Hutterian Brethren, Inc. v. WaldnerSouth Dakota Supreme Court · 2010
- Hutterville Hutterian Brethren v. Jeffrey SveenCourt of Appeals for the Eighth Circuit · 2015
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