Fox Rothschild Files for Summary Judgment in South Dakota Subdivision Litigation
July 08 2024 - 10:50AM
Business Wire
Attorneys: ‘They might just as well have seeded
Hideaway Hills with time bombs’
Citing “voluminous” evidence of irrevocable and wanton damage to
their property by the state, a summary judgment for inverse
condemnation has been filed on behalf of class action members of
the Hideaway Hills subdivision in Black Hawk, S.D.
The case dates to April 2020, when a sinkhole opened up in the
neighborhood, revealing an abandoned state-operated gypsum mine.
South Dakota for generations operated gypsum mines to support its
for-profit cement company. In 1994, when the state sold the land to
a private developer, it retained rights to the subsurface
minerals.
“The state exploited the area’s gypsum deposits, pushed around
some dirt and seeded the land, then, in the name of maximum
profits, sold the surface estate without regard to the long- or
near-term stability of that acreage,” said attorney Kathleen Barrow
of Fox Rothschild, who, along with attorney David Grant Crooks,
represents Hideaway Hills homeowners.
“It is time for resolution. It has been more than four years and
the state has done nothing to protect or compensate these
families,” said Ms. Barrow. “They might just as well have seeded
Hideaway Hills with time bombs. Unfortunately, the homeowners are
left to gingerly navigate the ever-present dangers under their
feet.”
Earlier this year the court overseeing the class action took the
unusual step of reopening the class. An additional 100 homeowners
have since joined the litigation which seeks more than $60 million
in total damages. The class now represents a reported 164
plaintiffs, including 12 homes in an evacuation zone and 158 more
homes threatened by potential collapse.
Geotechnical testing on soils in the neighborhood has shown high
concentrations of water-soluble gypsum in the fill dirt the state
used to reclaim the acreage on which the subdivision was built.
Testing indicates that the soils used by the state for mine
reclamation contain an average of about 50 percent pulverized
gypsum, with a high of 80 percent, leaving it prone to
disintegration when exposed to moisture.
The case is Andrew Morse and John and Emily Clarke et al. v.
State of South Dakota, No. 46CIV-20-000295 in the Meade County 4th
Judicial District. It is set for trial later this year.
About Fox Rothschild LLP
Fox Rothschild is a national law firm with 30 offices, located
across 18 states and Washington, D.C. The firm focuses on client
service and responsiveness with bright and creative lawyers who
know how to deliver. More information at foxrothschild.com.
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Alyssa Woulfe 800-559-4534 alyssa@androvett.com