SIOUX FALLS, S.D. (KELO) — The state Supreme Court will hear arguments on Tuesday in a non-profit’s appeal of a lower court ruling related to the proposed Lincoln County site of a new men’s prison.
Neighbors Opposing Prison Expansion (NOPE) is appealing Lincoln County 2nd Circuit Court Judge Jennifer D. Mammenga’s dismissal of its case against the state of South Dakota.
NOPE opposes a proposed prison site between Harrisburg and Canton and filed a lawsuit against the South Dakota Department of Corrections, the state of South Dakota and DOC Secretary Kellie Wasko. The lawsuit claimed the state should have followed Lincoln County zoning ordinances when it chose the site for the planned new men’s prison between Harrisburg and Canton.
Mammenga wrote in her October opinion that the state (defendants) are immune from suit under the doctrine of sovereign immunity.
KELOLAND News will live-stream the proceedings on our website. The case is scheduled to start at 11:30 a.m. CT.
What to know about South Dakota’s Supreme Court
The five members of South Dakota’s Supreme Court are appointed by the governor from judicial districts and the picks are subject to statewide electoral approval three years after appointment and every eight years after that.
South Dakota Supreme Court Justices must retire at age 70 and the Supreme Court is final judicial authority on all matters involving the legal and judicial system in South Dakota.
The members of the South Dakota’s Supreme Court are Chief Justice Steven Jensen, Janine Kern, Mark Salter, Patricia DeVaney and Scott Myren.
Kern was appointed by Gov. Dennis Daugaard in 2014, Jensen was appointed by Daugaard in 2017 and Salter was appointed by Daugaard in 2018. Gov. Kristi Noem appointed DeVaney in 2019 and Myren was appointed by Noem in 2021.
The court travels throughout the state to hear oral arguments to give citizens in the state a better opportunity to see and hear how the court functions. The South Dakota Supreme Court allowed both television and still cameras in the Supreme Court in August 2001.
The South Dakota Supreme Court issues opinions on cases every Wednesday, which are made public on Thursdays.
