RAPID CITY, S.D. – A court decision this week will enable residents of a Black Hawk neighborhood forced out of their homes to continue with their lawsuit against the state.
Residents of the Hideaway Hills subdivision were told to evacuate their homes in April of 2020 when a sinkhole opened up, revealing an abandoned gypsum mine underneath.
More than a dozen families are affected.
A state court judge this week rejected a state argument that the homeowners lacked legal standing to sue.
Circuit Judge Kevin Krull wrote in his opinion that ‘the named Plaintiffs have demonstrated that their injuries likely will be redressed by a favorable decision – i.e. an award of damages, based on their constitutional right to individually bring an inverse condemnation cases against the State of South Dakota.’
Homeowners are seeking class-action status so all affected residents can be compensation for the loss of their homes.
They allege Meade County and the state knew about the abandoned mine and building on the property should never have taken place.
