DECKER v. TSCHETTER HUTTERIAN BRETHREN

No. 20612.

594 N.W.2d 357 (1999)

1999 SD 62

Mike DECKER, Anna Decker, Amos Decker, John Hofer, Lydia Hofer, Lydia Hofer, Ronald Hofer, Reinhart Hofer, Samuel Hofer, David Decker, Dorothy Decker; and Susanne Decker, David Decker, Jr., Daniel Decker, Elisabeth Decker, and Milinda Decker, minor children, By and Through their Guardian Ad Litem David DECKER; Jerry Decker, Betty Decker; and Julia Decker, a minor child, by and through her Guardian Ad Litem, Jerry Decker, Plaintiffs and Appellants, v. TSCHETTER HUTTERIAN BRETHREN, INC., and all Directors, Officers, Shareholders thereof who are not plaintiffs, Bur Oaks Hutterian Brethren, Inc., and all Directors, Officers, and Shareholders thereof who are not plaintiffs, Samuel Hofer, Aaron Hofer, Herman Decker, Jacob Hofer, George Hofer, Andrew Hofer, Jacob Jr. Hofer, Andy Hofer, Paul Hofer, David Hofer, Larry Decker, Richard Hofer, Jonathan Hofer, Sam Hofer, Jr., John Hofer, Jr., all in their individual capacity and in their capacity as Directors, Officers, and/or Shareholders of the above named corporations, together with all Jane Does who are married to the above named male defendants and who are residents of the colonies referenced above, together with all John Does and Jane Does who are children of the above named male defendants and who are residents of the colonies referenced above, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned March 31, 1999.

Decided May 26, 1999.


Attorney(s) appearing for the Case

Steven G. Haugaard and Wade D. Druin, Sioux Falls, for plaintiffs and appellants.

Jeffrey Sveen and Gregg Magera of Siegel, Barnett and Schutz, LLP, Aberdeen, for defendants and appellees.


GILBERTSON, Justice (on reassignment).

INTRODUCTION

[¶ 1.] This case calls for a determination by this Court as to whether the underlying dispute between the parties is secular, and thus appropriate for us to adjudicate, or whether it is religious and thus beyond the jurisdiction of the courts of the State of South Dakota.

FACTS

[¶ 2.] Here, as in Serbian Eastern Orthodox Diocese...

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