![]() Wolffs raise several issues in an attempt to obtain a reversal of the trial court's dismissal of their action. ORDERED that the above-entitled matter be, and it is hereby dismissed, on the merits and with prejudice, on the grounds and for the reason that did not give notice to the Attorney General and the Commissioner of Administration, as required by SDCL 3-21-2 and 3-21-3 On December 29, the trial court entered the following order in conformity with its memorandum decision: ![]() On December 19, 1994, the trial court issued its memorandum decision dismissing Wolffs' action for failure to comply with the notice provisions. The Secretary subsequently filed affidavits by the Commissioner of the Bureau of Administration and the Attorney General averring they were never given written notice of the time, place and cause of Wolffs' injury as required by SDCL 3-21-2 and 3-21-3. On September 29, 1994, the Secretary filed an additional set of motions including a motion to dismiss, "by reason of the failure of to give the requisite jurisdictional notice required by ɓ-21-2 and -3." This was the first time in these proceedings that the Secretary raised the notice issue. ![]() Although Wolffs provided no notice of injury to the Commissioner of Administration or the Attorney General, In answer to that letter, the Secretary's counsel advised the trial court that Circuit Judge Young had already ruled on the motion to dismiss for failure to prosecute, but, that he would renew his motion in that regard. In May 1987, the Department closed a roadway into Angostura that Wolffs had been using for ingress to and egress from their property. The State of South Dakota leases Angostura from the federal government and the South Dakota Department of Game, Fish and Parks (the Department) manages the recreation area. The United States Government acquired Angostura in 1949 when the area was condemned pursuant to the Flood Control Act of 1944. Wolffs own a parcel of real property near the Angostura State Recreation Area (Angostura). Gary and Shirley Wolff (Wolffs) appeal the trial court's dismissal of their action against the Secretary of the South Dakota Department of Game, Fish and Parks (the Secretary). Eichstadt, Deputy Attorney General, Pierre, SDĬonsidered On Briefs Opinion Filed Mar 6, 1996 Formatting provided courtesy of State Bar of South DakotaĪnd South Dakota Continuing Legal Education, Inc.Īppeal From The Seventh Judicial Circuit, Fall River County, SDĬraig M. ![]()
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