South Dakota judge dismisses sinkhole lawsuit from neighbors

In a recent ruling, a South Dakota judge dismissed a lawsuit filed by residents of a Rapid City-area subdivision affected by sinkholes linked to an old underground gypsum mine. The lawsuit, initiated in 2020, involved approximately 150 neighbors from 94 homes seeking $45 million in damages due to the hazardous conditions created by the mine's closure and the state's mining activities. The plaintiffs argued that the state failed to disclose the risks associated with the mine, which they believe contributed to the sinkholes. Circuit Court Judge Eric J. Strawn granted the state's motion for summary judgment, citing sovereign immunity as a legal protection against the lawsuit. This ruling has prompted the plaintiffs' attorney, Kathy Barrow, to announce plans to appeal to the state Supreme Court, seeking clarification on the legal theories underpinning their claims. The residents contend that the state’s actions directly led to the dangerous conditions in their neighborhood. The situation escalated in 2020 when a significant sinkhole appeared, revealing the extent of the underground mine. Since then, additional sinkholes have emerged, threatening homes, roads, and utilities in the area. The state’s attorneys maintain that the former cement plant did not engage in underground mining and assert that the sinkholes would have occurred independently of the plant's operations. As the case moves forward, the residents hope the Supreme Court will address the complexities of their legal arguments and provide a resolution to their ongoing concerns about safety and property damage.