BLACK HAWK — A lawyer has filed an appeal of two orders to the South Dakota Supreme Court – the latest chapter in the Hideaway Hills subdivision case.
Attorney John M. Fitzgerald filed the appeal of the two orders which had been handed down in Fourth Circuit Court in Meade County.
The first is an appeal of the judgement to dismiss Meade County from a case brought by Fitzgerald on behalf of more than 100 Hideaway Hills homeowners. The second case under appeal is an order providing a $25,000 judgment against the Hideaway Hills Homeowners by two business owners who wanted to shore up the underground mine by injecting spray foam underground.
Fitzgerald had sued Meade County and former Meade County officials along with others involved with the Hideaway Hills subdivision after a sinkhole that opened up revealed an old gypsum mine underneath. Residents were evacuated for their safety, and the collapse rendered their residences unsafe.
In September 2020, Fourth Circuit Presiding Judge Michael Day granted Meade County’s motion to dismiss the lawsuit.
This is the second time Fitzgerald has appealed the case to the Supreme Court.
