Legal Opinion

Cournoyer v. Montana

South Dakota Supreme Court

Decided February 16, 1994No. 18272PublishedCited by 5 opinions

1Opinion of the Court

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Led by Stephen N. Cournoyer, Jr., chairman of the Yankton Sioux Tribe, several members of the Tribe’s General Council (collectively designated as Cournoyer), sought a temporary restraining order (TRO) prohibiting Gary Montana (Montana), general legal counsel for the Tribe, from practicing law within the State of South Dakota until such time as he obtains a license to practice law from the State Bar of South Dakota. On February 18, 1993, the Honorable Paul J. Kern, Circuit Court Judge, First Judicial Circuit, granted the TRO restricting Montana’s…

2Cases cited5 opinions

  1. Williams v. LeeSupreme Court of the United States · 1959
  2. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  3. Iowa Mutual Insurance v. LaPlanteSupreme Court of the United States · 1987
  4. State Ex Rel. Rice v. CozadSouth Dakota Supreme Court · 1944
  5. Long Prairie Packing Co. v. United National BankSouth Dakota Supreme Court · 1983

3Cited by5 opinions

  1. Gillette v. North Dakota Disciplinary Board CounselCourt of Appeals for the Eighth Circuit · 2010
  2. Alabama Medical Cannabis Commission v. Alabama Always, LLC (Appeal from Montgomery Circuit Court: CV-24-900524).Court of Civil Appeals of Alabama · 2025
  3. Cournoyer v. MontanaSouth Dakota Supreme Court · 1994
  4. Rex Vaughn, Sam Blakemore, Dwight Gamble, Dr. Jimmie Harvey, James Harwell, Taylor Hatchett, Dr. Eric Jensen, Dr. Angela Martin, Charles Price, Dr. William Saliski, Loree Skelton, and Dr. Jerzy Szafarski, in their official capacities as members of the Alabama Medical Cannabis Commission v. Alabama Always, LLC (Appeal from Montgomery Circuit Court: CV-24-900524).Court of Civil Appeals of Alabama · 2025
  5. Thompson v. HarrieDistrict Court, D. South Dakota · 2018

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