STURGIS — Hideaway Hills homeowners are suing the state of South Dakota, Meade County, including the current members of the Meade County Commission, along with developers of the subdivision for more than $75 million in damages after an old gypsum mine was found under their homes.
The case had yet to be filed in Fourth Circuit Court in Sturgis as of 9 a.m. Tuesday. The complaint was prepared by attorney John M. Fitzgerald of Rapid City.
The suit includes 14 specific counts including: Negligence; Breach of Warranty of Title; Willful or Wanton Misconduct; Failure To Warn By A Licensed Realtors; Failure to Warn by a Licensed Attorney; Breach of Warranty Of A Professional License to Practice Law; Failure of Professional Engineering Companies to Warn Purchaser Residents of the Risk of Human Safety and Occupation; Breach of Warranty By A Professional Civil Engineering Company; Failure of Meade County Governmental Authority to Provide Express Warnings of the Hazards of Habitability of Homes in the Hideaway Hills Subdivision; and Breach of Governmental Warranty.
It seeks more than $35 million in compensatory damages, $40 million in exemplary damages, and “such other relief as the court deems equitable.”
And, it specifically asks for a trial by jury.
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This article has been updated to clarify the name of the attorney who filed the suit.