The
underlying controversy in this case (collapsing ground under homes) has
garnered much publicity West River and elsewhere.
Aga,
et al. v Meade County:
One hundred + homeowners filed suit against Meade County in federal court “for
letting their neighborhood be built over a mine.” The trial court dismissed
the complaint. The 8th Circuit affirmed the dismissal “for
the reasons given by the district court.” The 8th Circuit
opinion is a one-paragraph per curiam opinion, the entirety of which is
set forth here:
A group of homeowners appeal
the dismissal of their due-process claim against Meade County for letting their
neighborhood be built over a mine. See 42 U.S.C. § 1983. Having carefully
reviewed the record and the parties’ arguments on appeal, we conclude that the
complaint failed to state a claim. See Kruger v. Nebraska, 820 F.3d 295, 301–03
(8th Cir. 2016) (reviewing the failure to state a claim de novo and explaining
that the state-created-danger doctrine only applies to“immediate[] and
proximate harm” (quotation marks omitted)); Dorothy J. v. Little Rock Sch.
Dist., 7 F.3d 729, 733 (8th Cir. 1993) (discussing when a harm is “too remote”
in time). We accordingly affirm for the reasons given by the district court.
See 8th Cir. R. 47B.
The Clerk’s summary is set forth below.
Current Opinions are for Monday, May 08, 2023 DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office as a courtesy to the reader. They are not part of the opinion of the court.
223046U.pdf 05/08/2023 Kalyn Aga v. Meade County
U.S. Court of Appeals Case No: 22-3046 U.S. District Court for the District of South Dakota - Western [UNPUBLISHED] [Per Curiam - Before Loken, Benton, and Stras, Circuit Judges] Civil case - Civil rights. Dismissal affirmed without comment.
