BLACK HAWK, S.D. — Homeowners in the sinking Hideaway Hills subdivision are asking the South Dakota Supreme Court to reconsider its recent ruling that found the state is not liable for damages caused by sinkholes in the neighborhood.
Attorneys for several homeowners, including Andrew Morse and John and Emily Clarke, filed a petition for rehearing on Thursday following the court’s unanimous July 9 decision.
The dispute centers on land once owned by the State of South Dakota, where underground gypsum mining took place before surface rights were sold and homes were built. Over the years, sinkholes have developed, rendering some homes uninhabitable and damaging streets in the subdivision.
The homeowners argue the court should revisit its decision, while attorneys for the state have 10 days to respond. The South Dakota Supreme Court will decide whether to grant the rehearing and take another look at the case.
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