KELO-TV Features Fox Rothschild Partner Who Argued Constitutional Duty in South Dakota Sinkhole Appeal 

Fox Rothschild partner Kathleen Barrow was featured in KELO-TV after lawyers for the Black Hawk, Hideaway Hills subdivision petitioned the state Supreme Court to reconsider a ruling that found the state is not liable for a 2020 sinkhole caused by a former state-owned gypsum mine. Residents argue the court misapplied the “public use” standard regarding the damaged, uninhabitable properties.

Ms. Barrow said, “the court raised the issue of whether or not the function of having the state own the minerals was actually fora public use or not. And our position was that it’s a constitutional obligation or right. And it’s coming out of the cement plant operations, and those were for public use, and the reservation of minerals and the fact that the state owns the subsurface is constitutionally mandated to be a public use.”

Read the full KELOLAND story here.

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