Weegar v. Bakeberg

I wholeheartedly agree with the majority’s reasoning and result. Yet I fear the majority’s holding may be misconstrued as approving the six-year statute of limitations enacted in 1983 (SDCL 25-8-9, amended 1986) or that by declaring the two-year statute void, our general ten-year civil statute (SDCL 15-2-8) may be understood to supplant it. Accord 51 Am.Jur.2d Limitation of Actions § 62 (1970). As Justice O’Connor expressed, “A review of the factors used in deciding that the one year statute of limitation cannot withstand an equal protection challenge indicates that longer periods of…