REMINGTON v. Bryan Iverson, Defendant and Appellee. (2025)

ORDER DISMISSING NOTICE OF REVIEW

The Court, by order of November 30, 2023, directed Appellee Iverson to show cause why the notice of review should not be dismissed on the ground that it was not timely filed. In response, Appellants and Appellee Iverson filed a stipulation, with a supporting affidavit, agreeing that good cause existed to authorize the filing of Appellee's notice of review outside the time limits provided by SDCL 15-26A-22. The Court considered the stipulation and affidavit and determined that it would further consider the impact of the untimeliness of the notice of review along with the other issues raised by both parties in the appeal. The parties have not submitted any legal argument on the notice of review jurisdictional issue in their briefs.

The Court has considered all the briefs filed in the above entitled matter together with the record on appeal and determined that there is an insufficient basis to revisit our precedent in Lake Hendricks Improvement Ass'n v. Brookings Cnty. Plan. & Zoning Comm'n, 2016 S.D. 17, 877 N.W.2d 99, holding that SDCL 15-26A-22’s time limit is jurisdictional, and it is now

ORDERED that said notice of review is dismissed. See Remington v. Iverson, 2025 S.D. 1, ––– N.W.3d ––––.

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.