First National Bank of Eden v. Meyer

MILLER, Chief Justice.

This is an intermediate appeal by First National Bank of Eden (Bank) from the trial court’s denial of its motion for summary judgment. The summary judgment motion was in a quiet title action wherein Bank sought to quiet title to real property it acquired as a result of a tax deed proceeding. The trial court held that the tax deed notice statute was unconstitutional. We affirm.

FACTS

This legal controversy centers around three quarter sections of land in Marshall County, South Dakota, previously owned by Herman and Gladys Meyer.

In the spring of 1982, appellees South Dakota…