In re Declaratory Ruling re SDCL 62-1-1(6)

[¶ 23.] I agree with the Court’s conclusion that the Department had jurisdiction to hear Leach’s petition. However, I disagree that Leach had a right to appeal the Department’s ruling. Therefore, I concur in result in the Court’s decision to reverse the circuit court’s vacation of the Department’s ruling. However, remanding to the *351circuit court for a determination on- the merits is not authorized in this case because the circuit court does not have jurisdiction to entertain Leach’s appeal. . Even if the appeal was statutorily authorized, it is improper because Leach lacks judicial standing.…