Citing substantial evidence of irrevocable and wanton
damage to their property by the state, a summary judgment for inverse
condemnation has been filed on behalf of class action members of the
Hideaway Hills subdivision in Black Hawk, S.D. The case dates to April 2020, when a sinkhole opened up in the
neighborhood, revealing an abandoned state-operated gypsum mine.
Attorney Kathleen Barrow, representing the Hideaway Hills homeowners,
says it’s time for a resolution and the state has done nothing to protect or
compensate the Hideaway Hills families
Earlier this year the court overseeing the class action took the unusual step of reopening the case. An additional 100 homeowners have since joined the
litigation which seeks more than $60 million in total damages. The class now
represents a reported 164 plaintiffs, including 12 homes in an evacuation zone and 158 more homes threatened by potential collapse.
Geotechnical testing on soils in the neighborhood has shown high
concentrations of water-soluble gypsum in the fill dirt the state used to reclaim the acreage on which the subdivision was built. Testing indicates
that the soils used by the state for mine reclamation contain an average of about 50 percent pulverized gypsum, with a high of 80 percent, leaving it
prone to disintegration when exposed to moisture.
The case is set for trial later this year in the Meade County 4 th Judicial
District.
