# Baatz v. Arrow Bar

> South Dakota Supreme Court · June 15, 1988 · 426 N.W.2d 298

URL: https://www.frixlaw.com/law-library/cases/9691348

## Case

- **Full name:** Kenny BAATZ and Peggy Baatz, Plaintiffs and Appellants, v. ARROW BAR A/K/A Arrow Bar, Inc., Edmond E. Neuroth, LaVella J. Neuroth, and Jacquette J. Neuroth, Defendants and Appellees
- **Court:** South Dakota Supreme Court
- **Decided:** June 15, 1988
- **Citations:** 426 N.W.2d 298; 1988 S.D. LEXIS 88; 1988 WL 60072
- **Precedential status:** Published
- **Opinion:** Concurrence by Wuest
- **Judges:** Sabers, Henderson, Wuest, Morgan, Miller
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9691348

## How later opinions describe it (automated extraction)

- holding that Walz decision applies both retrospectively and prospectively and that 1985 amendment to SDCL 35-4-78 attempting to abrogate Walz failed to accomplish its purpose

## Opinion text

WUEST, Chief Justice
(concurring in part).
I concur in issue 1 (Retrospective or Prospective Application of SDCL 35-4-78(2) and Walz) and issue 3. (Effective Date of SDCL 35-11-1 and amended SDCL 35-4-78 and Retroactive Application) of the majority opinion. This requires a reversal of the judgment of the trial court. In my opinion, it is unnecessary to discuss the other issues in the majority and dissenting opinions. This court will review a law’s constitutionality only when necessary for a determination upon the merits of a cause. Investigation of Hy. Const. Ind. v. Bartholow, 373 N.W.2d 419, 420 (S.D.1985); State v. Big Head, 363 N.W.2d 556, 559 (S.D.1985); Baldwin v. First Nat. Bank of Black Hills, 362 N.W.2d 85, 90 (S.D.1985).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9691348. Public record. Not legal advice.