Igloo bunker residents file class-action lawsuit against owner
Summary
Residents of a former military bunker complex, Vivos xPoint near Edgemont, South Dakota, have filed a class-action lawsuit against owner Vivos xPoint Investment Group, seeking over $17 million in damages. The lawsuit alleges the 99-year lease agreements are “illusory” and unenforceable under South Dakota law, as they allow the owner to unilaterally change terms and evict tenants while retaining improvements made at the tenants’ expense. Plaintiffs also claim the company made “deceptive and misleading statements” regarding promised amenities – such as a medical facility and gymnasium – that have not been built.
The complex, originally built in 1942-1967 to store munitions, is now marketed to “preppers” seeking shelter from global catastrophes, with bunkers renting for an upfront fee of up to $55,000 plus monthly fees. A previous case challenging the lease legality is currently awaiting a hearing before the South Dakota Supreme Court.
The lawsuit seeks reimbursement for lease fees, bunker improvements, and monthly amenity fees, and potentially ownership of the bunkers if Vivos cannot pay. Attorney J. Scott James represents the plaintiffs and estimates over 150 tenants could qualify for settlement money.
(Source:South Dakota News Watch)