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WIPF v. HUTTERVILLE HUTTERIAN BRETHREN

Nos. 26554, 26566.

834 N.W.2d 324 (2013)

2013 S.D. 49

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, 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 July 3, 2013.

Attorney(s) appearing for the Case

Edwin E. Evans , Shane E. Eden of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota and William D. Gerdes , Aberdeen, South Dakota, Attorneys for plaintiffs and appellees.

Steven D. Sandven , Sioux Falls, South Dakota, Attorney for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] This is the third appeal from the embattled factions at Hutterville Colony. Both sides challenge the circuit court's actions following our last decision ordering dismissal of the suit for corporate dissolution.

I.

[¶ 2.] Hutterville Colony is owned by Hutterian Brethren, Inc. (Hutterville). It is a registered nonprofit religious corporation and one of South Dakota's several Schmiedeleut Hutterian colonies. Hutterville...

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