WIPF v. HUTTERVILLE HUTTERIAN BRETHREN

No. 25877.

808 N.W.2d 678 (2012)

2012 S.D. 4

Johnny WIPF, Alvin Hofer, Jake Hofer, Sr., Jonathan Waldner, Pauly Waldner, John P. Waldner, Hans Waldner, Ronnie Waldner, Jake Hofer, Jr., Marvin Hofer, Dave Hofer, Glen Wipf and Johnny Wipf, Jr., Individually, as Voting Members and as Directors and/or Officers, of Hutterville Hutterian Brethren, Inc., Plaintiffs and Appellees, v. HUTTERVILLE HUTTERIAN BRETHREN, INC., a South Dakota Corporation, Defendant and Appellant, and John G. Waldner, George Waldner, Sr., Tom Waldner and Kenneth Waldner, Individually, as Purported Officers and/or Directors and as Current and Former Voting Members of Hutterville Hutterian Brethren, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 25, 2012.


Attorney(s) appearing for the Case

Rochelle R. Sweetman of Murphy, Goldammer & Prendergast, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

Matthew R. Metzgar of Rhinehart Law, PC, Sioux City, Iowa, Attorneys for defendants and appellants.


KONENKAMP, Justice.

[¶ 1.] This dispute is the latest in a continuing struggle between two factions in a Hutterite colony. Mirroring the larger North American schism between Group 1 and Group 2 in the Schmiedeleut Hutterian Church, the factions here cannot agree on which Group to join. One faction purported to excommunicate members of the other, and eventually the other faction sought court dissolution of the corporation. Denying a motion to dismiss for lack...

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