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HUTTERVILLE HUTTERIAN BRETHREN v. WALDNER

No. 25553.

791 N.W.2d 169 (2010)

2010 SD 86

HUTTERVILLE HUTTERIAN BRETHREN, INC., a South Dakota non-profit Corporation, Plaintiffs, and Johnny Wipf, Alvin Hofer, and Jake Hofer, Sr., Individually, as voting members and as directors and/or officers of Hutterville Hutterian Brethren, Inc., Plaintiffs and Appellants, v. John G. WALDNER, George Waldner, Sr., Tom Waldner and Kennith Waldner, as voting members of Hutterville Hutterian Brethren, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 17, 2010.

Attorney(s) appearing for the Case

James E. McMahon , Rochelle R. Cundy of Murphy, Goldammer & Prendergast, LLP, Sioux Falls, South Dakota, Attorneys for appellants.

Jody Odegaard Smith , Don E. Petersen of Morgan Theeler LLP, Mitchell, South Dakota, Attorneys for appellees.

ZINTER, Justice.

[¶ 1.] In this case we must determine whether a dispute regarding governance of a religious corporation involves issues over which courts have subject matter jurisdiction. We conclude that underlying religious controversies over church leadership and the validity of member excommunications so pervade the governance issue that it is beyond the jurisdiction of secular courts.

Background and Procedural History

[¶ 2...

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