American Advertising Co. v. State Ex Rel. Department of Transportation

The defendant’s two arguments that this is an action for injuries to real property pursuant to SDCL 15-5-1(2), and recovery of personal property distrained under SDCL 15-5-1(4), have been rightfully cast aside by the majority opinion. I dissent, how*96ever, because this action sounds in conversion of personal property or for the recovery of damages to such property. Therefore, suit must be brought and tried in the county where the damages were inflicted or the cause of action arose. SDCL 15-5-8.

To determine this case’s proper venue, the allegations in the complaint must be carefully read. While…