A recent court decision in South Dakota has made headlines as a judge dismissed a lawsuit filed by numerous neighbors living in a subdivision near Rapid City. This lawsuit was related to their homes being built above an old underground mine that has been linked to sinkholes in the neighborhood. The Circuit Court Judge, Eric J. Strawn, granted the state’s motion for summary judgment, citing sovereign immunity as the basis for dismissing all claims brought forth by the neighbors. Sovereign immunity provides legal protection to the state against such lawsuits.

Following the court’s decision, the plaintiffs’ attorney, Kathy Barrow, announced plans to appeal the ruling to the state Supreme Court. The neighbors argue that the state’s past mining activities and its closure of the mine contributed to the conditions leading to sinkhole formations. They also criticize the state for not disclosing these potential risks adequately.

The plaintiffs are seeking clarity from the Supreme Court on the legal basis of their claims, especially concerning the state’s responsibilities in such situations. The lawsuit, filed in 2020, gained attention after a significant sinkhole emerged in the neighborhood, exposing the underground mine’s extensive reach. Approximately 150 neighbors residing in 94 homes are collectively seeking $45 million in damages due to the sinkholes posing threats to their properties, roads, and utilities.

The former state cement plant conducted gypsum mining operations in the area several decades ago. State attorneys have contended that the cement plant’s mining activities did not occur underground and that the collapse leading to sinkholes would have happened regardless of the plant’s operations.

Efforts to obtain a comment from Gov. Kristi Noem’s spokesman regarding the court’s decision were unsuccessful. The lawsuit and ensuing legal battle have brought attention to the complexities of property rights and liability issues when it comes to situations involving old mines and potential hazards they may pose to nearby communities. The legal proceedings are ongoing, with the plaintiffs determined to seek justice and compensation for the damages and risks they have faced.