State v. Wayfair

2018 SD 62

• Court: South Dakota Supreme Court
• Decided: August 9, 2018
• Status: Published

Opinion

#28160-rev & rem-PER CURIAM 2018 S.D. 62

IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA

* * * *

STATE OF SOUTH DAKOTA, Plaintiff and Appellant,

v.

WAYFAIR INC., OVERSTOCK.COM, INC., and NEWEGG INC. Defendants and Appellees.

APPEAL FROM THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT HUGHES COUNTY, SOUTH DAKOTA

THE HONORABLE MARK W. BARNETT Judge

MARTY J. JACKLEY Attorney General

RICHARD M. WILLIAMS Deputy Attorney General

KIRSTEN E. JASPER Assistant Attorney General Pierre, South Dakota

ERIC F. CITRON of Goldstein & Russell, PC Bethesda, Maryland Attorneys for plaintiff and appellant.

* * * * CONSIDERED ON MOTION JULY 25, 2018 OPINION FILED 08/09/2018 GEORGE S. ISAACSON MARTIN I. EISENSTEIN MATTHEW P. SCHAEFER of Brann & Isaacson Lewiston, Maine

JEFF BRATKIEWICZ KATHRYN J. HOSKINS of Bangs, McCullen, Butler, Foye & Simmons, LLP Sioux Falls, South Dakota Attorneys for defendants and appellees. #28160

PER CURIAM

[¶1.] On September 13, 2017, this Court issued its opinion in State v.

Wayfair Inc., 2017 S.D. 56, 901 N.W.2d 754. We affirmed the circuit court’s

summary judgment for internet sellers and held that the statutory scheme

requiring these sellers with no physical presence in South Dakota to collect and

remit sales tax violates the Commerce Clause.

[¶2.] On June 21, 2018, the United States Supreme Court vacated our

judgment and remanded the case for further proceedings not inconsistent with its

opinion. South Dakota v. Wayfair, Inc., 585 U.S. ___, 138 S. Ct. 2080, 2100 (2018).

“Any remaining claims regarding the application of the Commerce Clause in the

absence of Quill [504 U.S. 298, 112 S. Ct. 1904, 119 L. Ed. 2d 91 (1992)] and Bellas

Hess [386 U.S. 753, 87 S. Ct. 1389, 18 L. Ed. 2d 505 (1967)] may be addressed in the

first instance on remand.” Id.

[¶3.] On July 23, 2018, this Court received and filed certified copies of the

United States Supreme Court’s mandate and judgment in Wayfair. Two days later,

on July 25, 2018, the State filed a motion requesting that we remand the matter to

the circuit court for further proceedings not inconsistent with the United States

Supreme Court’s opinion in Wayfair. Internet sellers filed no response to the State’s

motion. See SDCL 15-26A-87.2.

[¶4.] Accordingly, the circuit court’s order granting defendants’ motion for

summary judgment is reversed, and the case is dispositively remanded for further

proceedings not inconsistent with the United States Supreme Court’s opinion in

Wayfair.

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[¶5.] GILBERTSON, Chief Justice, and ZINTER, KERN, JENSEN, and

SALTER, Justices, participating.

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