Legal Opinion

Bingham Farms Trust v. City of Belle Fourche

South Dakota Supreme Court

Decided August 14, 2019No. 28650, 28658PublishedCited by 6 opinions

1Opinion of the CourtSalter, Justice

[¶1.] Bingham Farms Trust (Bingham) objected to a special assessment lien levied upon its property by the City of Belle Fourche (City). The circuit court concluded that it lacked subject matter jurisdiction to determine Bingham's claims and granted the City's motion to dismiss, but denied its request for attorney fees. Bingham appeals the dismissal, and the City seeks review of the circuit court's denial of attorney fees. We reverse the circuit court's dismissal, affirm its denial of attorney fees, and remand for further proceedings consistent with this opinion.

Background

[¶2.] On August 1,…

2Cases cited17 opinions

  1. United States v. CottonSupreme Court of the United States · 2002
  2. Roland Spruill v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1992
  3. Gould, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1995
  4. Do-Well MacHine Shop, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1989
  5. Arneson v. ArnesonSouth Dakota Supreme Court · 2003

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3Cited by6 opinions

  1. Hauck v. Clay County CommissionSouth Dakota Supreme Court · 2023
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  3. Huber v. Hanson Cty. Planning Comm'n.South Dakota Supreme Court · 2019
  4. Puffy's, LLC v. Dep't of HealthSouth Dakota Supreme Court · 2025
  5. Estate of Paul O'farrell v. Grand Valley Hutterian BrethrenSouth Dakota Supreme Court · 2024

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