(concurring in result).
Beug’s complaints of Bank’s wrongdoing are numerous. At first blush, Beug’s briefs appear to be highly damaging to Bank’s request for affirmance of a summary judgment.
Beug strenuously objects to a summary judgment herein, on a deficiency, because he maintains there was never actually a motion for summary judgment filed. Rather, he complains that the court treated a “Motion for Sale” as a Motion for Summary Judgment and cites Olson v. Molko, 86 S.D. 365, 195 N.W.2d 812 (1972), as authority. However, a check of the settled record index clearly reflects that a Motion for Summary Judgment on Deficiency was filed on August 28, 1985, and two separate Motions to Dismiss or in the Alternative for Summary Judgment were filed, the first on May 25, 1984, and the second on July 5,1984.
In concurring in result only, I am acting cautiously as there is obviously (a) self-help repossession and (b) court-ordered repossession. Factually, the background is that Bank first “self-helped” and later on, ostensibly acted under court order. However, it is not the first “self-help repossession” under SDCL 57A-9-503 which troubles me; rather, I am concerned with the repossession under the trial court’s order of June 2, 1983, which ordered the Meade County Sheriff to seize Beug’s property. Bank, however, took it upon itself to repossess the property. In doing so, Bank relied upon a “procedure that the Bank has with the local sheriff’s office with regard to these kinds of matters so that the sheriff does not need to be involved in the actual repossession unless absolutely necessary to keep the peace.” Bank’s brief, at 11. Bank justifies the breach of peace which it committed, in my opinion, because of “usual practices established between that sheriff’s office and the financial institutions.” Bank’s brief, supra. In this case, if I glean the facts correctly, Bank took it upon itself to remove certain equipment but, most importantly, to break a lock on a granary and to remove property that had been claimed as exempt, and all without the aid, assistance, or attendance of the sheriff.1 In other words, although it was a court-ordered repossession, Bank turned it into a “self-help repossession.” One would have to assume that if a trial judge orders something, that is to say, a course of action for repossession, the court order should be obeyed. A sheriff cannot devolve the duty to another litigant. And the litigant involved cannot enter into some cozy arrangement with the sheriff.
Beug cites the following authorities in opposition to this type of procedure. Bloomquist v. First Nat’l Bank, 378 N.W.2d *89981 (Minn.App.1985), which in turn cites Laurel Coal Co. v. Walter E. Heller & Co., 539 F.Supp. 1006 (W.D.Pa.1982), for the general proposition “that the actual breaking of a lock or fastener securing property, even commercial property, constitutes a ‘breach of the peace’ * * 2 Bloomquist, 378 N.W.2d at 85 (quoting Laurel Coal, 539 F.Supp. at 1007). Beug also cites Dixon v. Ford Motor Credit Co., 29 Ill.Dec. 230, 72 Ill.App.3d 983, 391 N.E.2d 493 (1979), for the statement of law that “a creditor’s repossession in disregard of debt- or’s unequivocal oral protest may be found to be a breach of the peace.” Bloomquist, 378 N.W.2d at 85. Beug advocates that the Bloomquist Court held that a creditor’s use of self-help repossession is unlawful where it requires or constitutes a breach of the peace. 378 N.W.2d 81.
It appears that this pro se appellant, Beug, reached out for authority to support his position. I cannot agree with the majority opinion that Beug cited no authority to “support his position that repossession by one other than the sheriff amounts to an unlawful repossession. As a result, he waived this issue.” Author citing majority opinion at 896.
In my opinion, Bank acted with unlawful repossession procedure (contrary to explicit court order) and committed a breach of the peace for which it is theoretically answerable in damages under the Uniform Commercial Code. See SDCL 57A-9-503. Yet, under the circumstances of this case, I would not hold it answerable in law for damages. Certainly, I do not wish to condone this repossession procedure by fully joining the majority opinion. Thus, I concur in result only.
In this case, there was a full and complete accounting, approved by the court, in which Beug had an opportunity for input. Also, Beug was given notice and opportunity to be heard before additional items of collateral (including grain) were seized by Bank; a meaningful hearing was granted unto him. As the United States Supreme Court has held: “What the Constitution does require is ‘an opportunity [to be heard] granted at a meaningful time and in a meaningful manner_’” Boddie v. Connecticut, 401 U.S. 371, 378, 91 S.Ct. 780, 786, 28 L.Ed.2d 113, 119 (1971) (emphasis in original) (citation omitted) (quoted in State v. Weiker, 366 N.W.2d 823, 834 (S.D.1985) (Henderson, J., dissenting); Daugaard v. Baltic Co-op. Bldg. Supply Ass’n, 349 N.W.2d 419, 424 (S.D.1984); McMacken v. State, 325 N.W.2d 60, 62 (S.D.1982) (Dunn and Henderson, JJ., dissenting)).3 Under the circumstances of this case, if I conceptually express that Bank acted with unlawful procedure, it does not follow, ipso facto, that summary judgment should not have been granted. Beug did have his “day in court” on the grain seizure. “Due process,” aside from all else, means fundamental fairness. Pinkerton v. Farr, 220 S.E.2d 682, 687 (W.Va.1975). The constitutional guarantee of “due process” requires that law, in its regular course of administration, through courts of justice, as well as officers of the courts, shall not act arbitrarily, unreasonably, or capriciously. Further, the means selected shall have a real and substantive relation to the object sought to be achieved. Nebbia v. New York, 291 U.S. 502, 54 S.Ct. 505, 78 L.Ed. 940 (1934).
Here, I am convinced that there was a technical violation of the law by Bank officials acting in private capacity, rather than having the sheriff do his bounden duty. This technical violation was not outrageous to such extent that Beug has a compensa-ble cause of action in the law. Neither should these acts of repossession be blessed as a modicum of high example for *900financial institutions or sheriffs of this state to follow in the future.
. There appears to be no power granted by the trial court for Bank to act in such fashion.
. In Bloomquist, an off-duty highway patrolman, attorney, and a bank officer removed a cracked window pane that was taped shut and entered the debtor’s gas station to seize secured items. The conduct was rather outrageous as compared to the conduct of Bank here. However, court-ordered repossession should not blossom into self-help repossession.
. Author of this special writing notes that Beug began his opening brief with a due process argument and authorities.