GPNA Tip of The Week: Non-Compete Agreement

GPNA Tip of The Week: Non-Compete Agreement

Attorney G. Nolan Thomas writes the latest GPNA tip of the week article regarding non-compete agreements. If an employer fears its employees will gain skills on the job such that they can engage in direct competition with the employer after the term of employment ends, that employer should meet with an attorney and consider utilizing a non-compete agreement. 

Read More
GPNA Tip of The Week: Advisory Opinion Regarding Eligibility for CRF Grant Programs

GPNA Tip of The Week: Advisory Opinion Regarding Eligibility for CRF Grant Programs

Associate attorney Catherine A. Seeley writes the latest South Dakota Supreme Court summary in the article below. South Dakota received federal funds (CRF funds) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to cover expenditures brought on by the current public health emergency. At a special session, the South Dakota Legislature passed House Bill 1001 and Senate Concurrent Resolution 601 to address the expenditure of CRF funds.

Read More
GPNA Tip of The Week: Heumiller v. Hansen

GPNA Tip of The Week: Heumiller v. Hansen

Attorney Catherine A. Seeley brings to you our latest GPNA Tip of the Week from Heumiller v. Hansen. The opinion was released by the South Dakota Supreme Court on October 14, 2020, and reversed the circuit court’s decision to deny Heumiller’s claim for a prescriptive easement on summary judgment. 

Read More
GPNA Tip of the Week from City of Rapid City v. Schaub

GPNA Tip of the Week from City of Rapid City v. Schaub

Associate attorney Catherine A. Seeley writes the South Dakota Supreme Court Case Summary on Rapid City v. Schaub. Individuals living outside of city limits, but within one mile of those limits, should follow municipal ordinances relating to permit requirements for onsite wastewater systems, even if their onsite wastewater system existed before the municipal ordinance was enacted.  If they don’t, they may expose themselves to criminal penalties. 

Read More
GPNA Tip of The Week: Municipality and Unionization

GPNA Tip of The Week: Municipality and Unionization

Our latest GPNA Tip of the week is written by associate attorney G. Nolan Thomas. In this article, it discussed if a municipality faces a unionization effort by its public employees, it should meet with those public employees and review South Dakota’s labor statutes with an attorney to determine who is eligible for participation in collective bargaining negotiations. 

Read More
GPNA Tip of the Week: Gifting Real Estate

GPNA Tip of the Week: Gifting Real Estate

Associate attorney G. Nolan Thomas summarizes the latest South Dakota Supreme Court case Field v. Field on the topic of gifting. A person making a gift, the “donor”, will have their intent judged by a South Dakota Court at the time the gift is made. Additionally, if you plan to gift the real property at a discount under a contract for deed, be careful about how you classify the ownership interest of the person receiving the real property, the “donee.” A gift of real property to a husband and wife as joint tenants with rights of survivorship will be considered convincing evidence of the real property’s status as marital property.

Read More