South Dakota Sinkhole Case Dismissed By Judge

A judge in South Dakota has dismissed a lawsuit related to sinkholes in South Dakota, leaving residents in legal limbo and planning to appeal to the state Supreme Court.

At a Glance

Judge Eric J. Strawn dismissed a lawsuit from Rapid City-area subdivision residents over sinkholes.
The dismissal was based on the state’s sovereign immunity.
Plaintiffs seek $45 million in damages for about 150 neighbors in 94 homes.
Residents plan to appeal the ruling to the state Supreme Court.

Judge Dismisses Sinkhole Lawsuit

Circuit Court Judge Eric J. Strawn has dismissed a lawsuit brought by dozens of residents in a Rapid City-area subdivision whose homes were built above an old, underground mine linked to sinkholes. The ruling, posted online Wednesday, granted the state’s motion for summary judgment and dismissed all claims, citing the state’s sovereign immunity as the basis for the decision.

The lawsuit, filed in 2020, sought $45 million in damages for approximately 150 neighbors living in 94 homes. The plaintiffs claimed that state mining activities and closure methods created conditions for sinkholes and that the state failed to disclose these issues. The case gained prominence the same year when a giant sinkhole revealed the extent of the underground mine.

A judge in South Dakota has thrown out a lawsuit brought by dozens of neighbors in a Rapid City-area subdivision whose homes were built above an old, underground mine linked to sinkholes in the neighborhood. https://t.co/ixh9oGILDX

— The Minnesota Star Tribune (@StarTribune) September 26, 2024

State’s Defense and Plaintiffs’ Claims

State attorneys argue that the former state cement plant did not mine underground and that the collapse was inevitable. They maintain that the plant’s activities were unrelated to the sinkhole formation. The plaintiffs, however, contend that the state’s mining activities and subsequent closure methods directly contributed to the dangerous conditions now threatening their homes and property values.

The lawsuit’s dismissal based on sovereign immunity has left many residents feeling frustrated and uncertain about their future. Sovereign immunity provides legal protection for the state against certain types of lawsuits, effectively shielding it from liability in this case.

Residents Plan to Appeal

In response to the dismissal, the plaintiffs, represented by attorney Kathy Barrow, have announced their intention to appeal the ruling to the South Dakota Supreme Court. They hope that the higher court will provide clarity on the legal theories underlying their claims and potentially overturn the lower court’s decision.

The case has drawn attention to the complex issues surrounding property rights, government liability, and the long-term consequences of historical mining activities. As the residents prepare for their appeal, the situation underscores the challenges faced by communities dealing with unforeseen environmental hazards and the legal hurdles they must overcome in seeking recourse.