BIALOTA v. LAKOTA LAKES LLC (2024)

ORDER GRANTING REHEARING

Appellant Lakota Lakes LLC having served and filed a petition for rehearing of the above-entitled cause, and Appellee Emily Bialota having served and filed a response thereto, and the petition and response having been considered by the Court, and a majority of the Justices having filed a statement requesting that a rehearing be granted, now, therefore, in accordance with the rehearing rule of the Court, it is

ORDERED that the petition for rehearing be and is hereby granted to the extent that paragraphs 23 and 25 of the Court's opinion, 2023 S.D. 55, and paragraph 38 of the Dissent, issued on October 25, 2023, shall be modified;

ORDERED that the parties’ submissions concerning the petition for rehearing are sufficient to present the parties’ #29851, Order Granting Rehearing arguments, and the Court does not require further briefing or oral argument; and

IT IS FURTHER ORDERED that this Court's original opinion, 2023 S.D. 55, issued October 25, 2023, is withdrawn and the Court's modified opinion shall be substituted and filed concurrently with this order.

Steven R. Jensen, Chief Justice

PARTICIPATING: Chief Justice Steven R. Jensen and Justices Janine M. Kern, Mark E. Salter, Patricia J. DeVaney and Scott P. Myren.