Legal Opinion · Dissent

Fin-Ag, Inc. v. Pipestone Livestock Auction Market, Inc.

South Dakota Supreme Court

Decided June 18, 2008No. 23982, 23984, 24001Published

1DissentSabers, Justice

(dissenting on all Fin-Ag cases on the FSA issue).27

[¶ 61.] Incredibly, Fin-Ag presents this Court with authority from a neighboring state that is virtually on point to the circumstances of this case;. yet, the opinion goes out of its way at every opportunity in its analysis of the issues to arrive at the opposite conclusion of the Hufnagle case. Because I cannot agree with the opinion’s analysis and conclusions regarding FSA protection, I dissent.

[¶ 62.] In Hufnagle, the lender, Fin-Ag had a perfected security interest in Buck’s corn crops. 720 N.W.2d 579, 580 (Minn. 2006). Fin-Ag also filed…

2Cases cited12 opinions

  1. Petition of Famous Brands, Inc.South Dakota Supreme Court · 1984
  2. Goetz v. StateSouth Dakota Supreme Court · 2001
  3. Jensen v. TURNER COUNTY BOARD OF ADJUSTMENTSouth Dakota Supreme Court · 2007
  4. Halls v. WhiteSouth Dakota Supreme Court · 2006
  5. Jackson v. Canyon Place Homeowner's Ass'nSouth Dakota Supreme Court · 2007

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