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Corporations Keyed to Rhee
Dysart v. Dragpipe Saloon, LLC
Citation:
933 N.W.2d 483 (S.D. 2019)Facts
Raymond Meyers, Penney Weast, Troy Dysart, and Richard Heinrich formed Dragpipe in 2003. Each member received a 25% membership interest and voting rights. The operating agreement provides that Dragpipe may be dissolved and its affairs would up with the unanimous vote of the members or by a decree of judicial dissolution. Despite the apparent effort to end their membership, the appellees did not invoke their right under the operating agreement to voluntarily resign their interests. Nor did the members vote to dissolve Dragpipe under the authority provided in the operating agreement. Appelleees commenced this action, seeking judicial dissolution and an ordering authorizing the sale of Dragpipe’s assets.
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