Legal Opinion

Decker Ex Rel. Decker v. Tschetter Hutterian Brethren, Inc.

South Dakota Supreme Court

Decided May 12, 1999No. NonePublishedCited by 16 opinions

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

  1. Prince v. MassachusettsSupreme Court of the United States · 1944
  2. 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
  3. Watson v. JonesSupreme Court of the United States · 1872
  4. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  5. Jones v. WolfSupreme Court of the United States · 1979

14 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Turner v. Church of Jesus Christ of Latter-Day Saints, Texas Court of Appeals, 5th District (Dallas)2000
  2. Elliott v. Board of County CommissionersSouth Dakota Supreme Court · 2005
  3. Pennington County v. State ex rel. Unified Judicial SystemSouth Dakota Supreme Court · 2002
  4. Hutterville Hutterian Brethren, Inc. v. WaldnerSouth Dakota Supreme Court · 2010
  5. Hutterville Hutterian Brethren v. Jeffrey SveenCourt of Appeals for the Eighth Circuit · 2015

11 more not listed; retrieve them via the Exa API.

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