equitable estoppel doctrine (South Dakota) · Go Syfert
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equitable estoppel doctrine in South Dakota

17 South Dakota opinions name it 1 courts 1942–2026 3 in the last five years

The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Crouse v. Crousegreen
sd · 1996 · cited in 4 South Dakota opinions naming this issue, 2001–2010
2 sentences

2010See Crouse v. Crouse, 1996 S.D. 95 , ¶ 14, 552 N.W.2d 413, 417 (equitable estoppel is reviewed de novo).

2010See Crouse v. Crouse, 1996 S.D. 95 , ¶ 14, 552 N.W.2d 413, 417 (equitable estoppel is reviewed de novo).

44
Nelson v. Garbergreen
sd · 2021 · cited in 2 South Dakota opinions naming this issue, 2025–2026
2 sentences

2026In other words, “a dedication is express where the appropriation is formally declared[.]” Id. (citation omitted). [¶17.] “A dedication ‘is implied where it arises by operation of law from the owner’s conduct and the facts and circumstances of the case.’ An implied ‘[d]edication is premised on the doctrine of equitable estoppel.’” Nelson v. Garber, 2021 S.D. 32, ¶ 25 , 960 N.W.2d 340, 347 (alteration in original) (citations omitted).

2026In other words, “a dedication is express where the appropriation is formally declared[.]” Id. (citation omitted). [¶17.] “A dedication ‘is implied where it arises by operation of law from the owner’s conduct and the facts and circumstances of the case.’ An implied ‘[d]edication is premised on the doctrine of equitable estoppel.’” Nelson v. Garber, 2021 S.D. 32, ¶ 25 , 960 N.W.2d 340, 347 (alteration in original) (citations omitted).

12
Even v. City of Parkergreen
sd · 1999 · cited in 2 South Dakota opinions naming this issue, 2018–2018
2 sentences

2018When the doctrine is asserted against a municipal corporation, the party asserting the defense must show that "municipal officers have taken some affirmative action influencing another which renders it inequitable for the municipality to assert a different set of facts." Even v. City of Parker , 1999 S.D. 72 , ¶ 12, 597 N.W.2d 670 , 674 (quoting Hoogterp , 85 S.D. at 180 , 179 N.W.2d at 17 ).

2018When the doctrine is asserted against a municipal corporation, the party asserting the defense must show that “municipal officers have taken some affirmative action influencing another which renders it inequitable for the municipality to assert a different set of facts.” Even v. City of Parker, 1999 S.D. 72 , ¶ 12, 597 N.W.2d 670, 674 (quoting Hoogterp, 85 S.D. at 180 , 179 N.W.2d at 17 ).

12
City of Rapid City v. Hoogterpgreen
sd · 1970 · cited in 2 South Dakota opinions naming this issue, 2018–2018
2 sentences

2018"A claim that the evidence was insufficient to [warrant an instruction must be] viewed 'in the light most favorable to upholding the verdict.' " Armfield , 2003 S.D. 134 , ¶ 7, 672 N.W.2d at 481 (quoting Parker v. Casa Del Rey , 2002 S.D. 29 , ¶ 5, 641 N.W.2d 112 , 115 ). [¶22.] The doctrine of equitable estoppel is "[a] defensive doctrine preventing one party from taking unfair advantage of another when, through false language or conduct, the person to be estopped has induced another person to act in a certain way, with the result that the other person has been injured in some way." Estoppel

2018"A claim that the evidence was insufficient to [warrant an instruction must be] viewed 'in the light most favorable to upholding the verdict.' " Armfield , 2003 S.D. 134 , ¶ 7, 672 N.W.2d at 481 (quoting Parker v. Casa Del Rey , 2002 S.D. 29 , ¶ 5, 641 N.W.2d 112 , 115 ). [¶22.] The doctrine of equitable estoppel is "[a] defensive doctrine preventing one party from taking unfair advantage of another when, through false language or conduct, the person to be estopped has induced another person to act in a certain way, with the result that the other person has been injured in some way." Estoppel

12
Triangle Underwriters, Inc. v. Honeywell, Inc. And Honeywell Information Systems, Inc.green
ca2 · 1979 · cited in 1 South Dakota opinions naming this issue, 2014–2014
1 sentence

2014“A manufacturer’s efforts at repair subsequent to delivery do not extend the contract statute of limitations.” Jandreau v. Sheesley Plumbing & Heating Co., Inc., 324 N.W.2d 266, 272 (S.D. 1982) (quoting Triangle Underwriters, Inc. v. Honeywell, Inc., 604 F.2d 737, 745 (2nd Cir. 1979)). -11-

11
Jandreau v. Sheesley Plumbing & Heating Co.green
sd · 1982 · cited in 1 South Dakota opinions naming this issue, 2014–2014
1 sentence

2014“A manufacturer’s efforts at repair subsequent to delivery do not extend the contract statute of limitations.” Jandreau v. Sheesley Plumbing & Heating Co., Inc., 324 N.W.2d 266, 272 (S.D. 1982) (quoting Triangle Underwriters, Inc. v. Honeywell, Inc., 604 F.2d 737, 745 (2nd Cir. 1979)). -11-

11
Department of Human Services v. Bellgreen
me · 1998 · cited in 1 South Dakota opinions naming this issue, 2003–2003
1 sentence

2003Bennett stated that “[w]e will not allow such a carefully crafted policy [involving limitations on reducing child support arrearag-es] to be defeated by the invocation of equitable defenses in circumstances where [the obligee] has not affirmatively misled the [obligor] to believe [the obligor] would bear no responsibility.” Id. ¶ 21 (quoting Department of Human Servs. v. Bell, 711 A.2d 1292, 1295-96 (Me.1998)) (further citations omitted).

11
Farmers Elevator Co. of Elk Point v. Lylegreen
sd · 1976 · cited in 1 South Dakota opinions naming this issue, 1984–1984
2 sentences

1984“We are not persuaded that there is any good reason why the doctrine of equitable estoppel should not be applied in a proper case to prevent a party from asserting the statute of frauds .... ” Farmers Elevator Co. of Elk Point v. Lyle, 90 S.D. 86, 91 , 238 N.W.2d 290, 293 (1976).

1984“We are not persuaded that there is any good reason why the doctrine of equitable estoppel should not be applied in a proper case to prevent a party from asserting the statute of frauds .... ” Farmers Elevator Co. of Elk Point v. Lyle, 90 S.D. 86, 91 , 238 N.W.2d 290, 293 (1976).

11
Federal Land Bank of Omaha v. Matsongreen
sd · 1942 · cited in 1 South Dakota opinions naming this issue, 1976–1976
2 sentences

1976See, e. g., Federal Land Bank of Omaha v. Matson, 68 S.D. 538 , 5 N.W.2d 314 .

1976See, e. g., Federal Land Bank of Omaha v. Matson, 68 S.D. 538 , 5 N.W.2d 314 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Niemi v. Fredlund Township green
sd · 2015
2 sentences

2025In doing so, we noted -23- #30868 that an implied dedication “is premised on the doctrine of equitable estoppel.” Id. (quoting Niemi v. Fredlund Twp., 2015 S.D. 62, ¶ 32 , 867 N.W.2d 725, 733 ).

2025In doing so, we noted -23- #30868 that an implied dedication “is premised on the doctrine of equitable estoppel.” Id. (quoting Niemi v. Fredlund Twp., 2015 S.D. 62, ¶ 32 , 867 N.W.2d 725, 733 ).

22021–2025
Johnson v. Armfield green
sd · 2003
2 sentences

2018"A claim that the evidence was insufficient to [warrant an instruction must be] viewed 'in the light most favorable to upholding the verdict.' " Armfield , 2003 S.D. 134 , ¶ 7, 672 N.W.2d at 481 (quoting Parker v. Casa Del Rey , 2002 S.D. 29 , ¶ 5, 641 N.W.2d 112 , 115 ). [¶22.] The doctrine of equitable estoppel is "[a] defensive doctrine preventing one party from taking unfair advantage of another when, through false language or conduct, the person to be estopped has induced another person to act in a certain way, with the result that the other person has been injured in some way." Estoppel

2018“A claim that the evidence was insufficient to [warrant an instruction must be] viewed ‘in the light most favorable to upholding the verdict.’” Armfield, 2003 S.D. 134 , ¶ 7, 672 N.W.2d at 481 (quoting Parker v. Casa Del Rey, 2002 S.D. 29 , ¶ 5, 641 N.W.2d 112, 115 ). [¶22.] The doctrine of equitable estoppel is “[a] defensive doctrine preventing one party from taking unfair advantage of another when, through false language or conduct, the person to be estopped has induced another person to act in a certain way, with the result that the other person has been injured in some way.” Estoppel, Bla

22018–2018
Parker v. Casa Del Rey-Rapid City, Inc. green
sd · 2002
2 sentences

2018"A claim that the evidence was insufficient to [warrant an instruction must be] viewed 'in the light most favorable to upholding the verdict.' " Armfield , 2003 S.D. 134 , ¶ 7, 672 N.W.2d at 481 (quoting Parker v. Casa Del Rey , 2002 S.D. 29 , ¶ 5, 641 N.W.2d 112 , 115 ). [¶22.] The doctrine of equitable estoppel is "[a] defensive doctrine preventing one party from taking unfair advantage of another when, through false language or conduct, the person to be estopped has induced another person to act in a certain way, with the result that the other person has been injured in some way." Estoppel

2018“A claim that the evidence was insufficient to [warrant an instruction must be] viewed ‘in the light most favorable to upholding the verdict.’” Armfield, 2003 S.D. 134 , ¶ 7, 672 N.W.2d at 481 (quoting Parker v. Casa Del Rey, 2002 S.D. 29 , ¶ 5, 641 N.W.2d 112, 115 ). [¶22.] The doctrine of equitable estoppel is “[a] defensive doctrine preventing one party from taking unfair advantage of another when, through false language or conduct, the person to be estopped has induced another person to act in a certain way, with the result that the other person has been injured in some way.” Estoppel, Bla

22018–2018
Peterson v. Hohm green
sd · 2000
2 sentences

2004This Court disagreed, holding that the claimant had no justification for not making a timely claim; the facts did not support the finding of an estoppel. [¶ 23.] In Peterson, 2000 SD 27 , 607 N.W.2d 8 , we acknowledged the doctrine of equitable tolling, but held it did not apply under the facts of the case.

2004This Court disagreed, holding that the claimant had no justification for not making a timely claim; the facts did not support the finding of an estoppel. [¶ 23.] In Peterson, 2000 SD 27 , 607 N.W.2d 8 , we acknowledged the doctrine of equitable tolling, but held it did not apply under the facts of the case.

12004–2004
State Ex Rel. Bennett v. Peterson green
sd · 2003
2 sentences

2003However, in Bennett the obligor’s equitable estoppel and waiver arguments were “unpersuasive” and “not a viable defense.” Id. ¶ 20 & n.3.

2003Bennett stated that “[w]e will not allow such a carefully crafted policy [involving limitations on reducing child support arrearag-es] to be defeated by the invocation of equitable defenses in circumstances where [the obligee] has not affirmatively misled the [obligor] to believe [the obligor] would bear no responsibility.” Id. ¶ 21 (quoting Department of Human Servs. v. Bell, 711 A.2d 1292, 1295-96 (Me.1998)) (further citations omitted).

12003–2003
Somers v. Somers green
sd · 1911
2 sentences

1986The cases can essentially be separated into three categories: (1) Those stemming from Somers v. Somers, 27 S.D. 500 , 131 N.W. 1091 (1911), which merely require that the party sought to be estopped must have “in some manner misled the party in whose favor the estoppel is sought.” Id., 131 N.W. at 1093 .

1986The cases can essentially be separated into three categories: (1) Those stemming from Somers v. Somers, 27 S.D. 500 , 131 N.W. 1091 (1911), which merely require that the party sought to be estopped must have “in some manner misled the party in whose favor the estoppel is sought.” Id., 131 N.W. at 1093 .

11986–1986
James Oxley v. Ralston Purina Company green
ca6 · 1965
1 sentence

1976Oxley v. Ralston Purina Co., 6 Cir., 349 F.2d 328 ; 3 Williston on Contracts (3rd Ed. Jaeger) § 533A; J.

11976–1976
Poland v. O'Connor neutral
neb · 1871
1 sentence

1968Woodworth v. Franklin, 85 Okl. 27 , 204 P. 452 , 27 A.L.R. 590 ; Poland v. O'Connor, 1 Neb. 50 , 93 Am.Dec. 327; Brey v. Tvedt, 74 N.D. 192 , 21 N.W.2d 49 ; Lowrey v. Lowrey, 117 Iowa 704 , 89 N.W. 1118 .

11968–1968
Woodworth v. Franklin green
okla · 1921
2 sentences

1968Woodworth v. Franklin, 85 Okl. 27 , 204 P. 452 , 27 A.L.R. 590 ; Poland v. O'Connor, 1 Neb. 50 , 93 Am.Dec. 327; Brey v. Tvedt, 74 N.D. 192 , 21 N.W.2d 49 ; Lowrey v. Lowrey, 117 Iowa 704 , 89 N.W. 1118 .

1968Woodworth v. Franklin, 85 Okl. 27 , 204 P. 452 , 27 A.L.R. 590 ; Poland v. O'Connor, 1 Neb. 50 , 93 Am.Dec. 327; Brey v. Tvedt, 74 N.D. 192 , 21 N.W.2d 49 ; Lowrey v. Lowrey, 117 Iowa 704 , 89 N.W. 1118 .

11968–1968
Lowery v. Lowery neutral
iowa · 1902
1 sentence

1968Woodworth v. Franklin, 85 Okl. 27 , 204 P. 452 , 27 A.L.R. 590 ; Poland v. O'Connor, 1 Neb. 50 , 93 Am.Dec. 327; Brey v. Tvedt, 74 N.D. 192 , 21 N.W.2d 49 ; Lowrey v. Lowrey, 117 Iowa 704 , 89 N.W. 1118 .

11968–1968
Brey v. Tvedt green
nd · 1945
2 sentences

1968Woodworth v. Franklin, 85 Okl. 27 , 204 P. 452 , 27 A.L.R. 590 ; Poland v. O'Connor, 1 Neb. 50 , 93 Am.Dec. 327; Brey v. Tvedt, 74 N.D. 192 , 21 N.W.2d 49 ; Lowrey v. Lowrey, 117 Iowa 704 , 89 N.W. 1118 .

1968Woodworth v. Franklin, 85 Okl. 27 , 204 P. 452 , 27 A.L.R. 590 ; Poland v. O'Connor, 1 Neb. 50 , 93 Am.Dec. 327; Brey v. Tvedt, 74 N.D. 192 , 21 N.W.2d 49 ; Lowrey v. Lowrey, 117 Iowa 704 , 89 N.W. 1118 .

11968–1968
Federal Land Bank of Omaha v. Houck green
sd · 1942
1 sentence

1942Federal Land Bank v. Houck, 68 S. D. 449, 4 N. W.2d 213 .

11942–1942

Statutes the citing opinions construe

SD § S.D. Codified Laws § 11-3-12 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 338 (1920–2026) NY 334 (1878–2026) IL 183 (1885–2026) TX 170 (1876–2026) PA 92 (1939–2024) FL 82 (1956–2025) NJ 80 (1926–2026) AL 67 (1884–2026) NC 66 (1926–2023) WA 65 (1910–2024) CT 61 (1860–2021) TN 55 (1902–2024) ME 54 (1938–2023) MS 53 (1896–2026) MD 51 (1917–2026) OH 50 (1901–2026) NE 42 (1896–2023) MI 41 (1901–2025) WI 41 (1882–2024) LA 37 (1926–2025) RI 34 (1990–2022) MN 32 (1896–2024) IN 30 (1893–2026) MT 29 (1910–2022) NM 29 (1944–2025) CO 27 (1911–2025) MO 27 (1900–2023) ND 26 (1959–2025) UT 23 (1994–2025) OR 22 (1894–2025) GA 21 (1975–2025) VA 21 (1897–2024) ID 20 (1909–2024) VT 20 (1895–2026) KS 20 (1892–2022) HI 19 (1942–2021) AZ 19 (1900–2023) WY 18 (1891–2025) SD 17 (1942–2026) DC 17 (1975–2012) SC 17 (1903–2025) KY 16 (1923–2023) IA 16 (1911–2024) MA 15 (1900–2024) AR 14 (1922–2024) DE 14 (1966–2025) WV 13 (1918–2022) AK 12 (1906–2022) OK 9 (1924–2024) NV 9 (1980–2018) VI 2 (2017–2025) NH 2 (1992–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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