South Dakota Supreme Court

Michael Dacy, Diane Dacy, Scott M. Anshutz, Julie A. Anshutz, and Dacshutz, Inc., D/b/a Mr. “g’s”, Petitioners, V…

June 5, 19911991 S.D. LEXIS 89

Summary

The court quashed the alternative writ of mandamus and vacated the order requiring the disputed lottery proceeds to be deposited in court. It held that the circuit judge's denial of a preliminary injunction was discretionary and was not an abuse of discretion because he considered the applicable injunction factors and factual disputes remained for trial. Justices Wuest and Sabers dissented, concluding that the undisputed facts supported preserving the funds and issuing the writ.