DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
133160P.pdf 01/13/2015 Hutterville Hutterian Brethren v. Jeffrey Sveen
U.S. Court of Appeals Case No: 13-3160
U.S. District Court for the District of South Dakota - Aberdeen
[PUBLISHED] [Riley, Author, with Loken and Kelly, Circuit Judges]
Civil case. In this dispute over control of the Hutterville Hutterian
Brethern, Inc., a South Dakota religious nonprofit corporation, the key
issue is who rightly controls Hutterville, a question which cannot be
answered without determining issues such as church membership, the
validity of excommunications and the proper designation of the "true
Schmiedeleut," all of which are questions impermissible for secular
courts; having argued to the South Dakota Supreme Court that the issues
were church governance issues not subject to resolution in secular courts,
plaintiffs may not now argue that the issues are subject to resolution in
federal court.