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 and its owner, Robert Vicino. The lawsuit alleges the 99-year lease agreements are illegal and unenforceable, as they allow the company to unilaterally change terms and evict tenants while retaining improvements made to the bunkers. Plaintiffs claim the company made “deceptive and misleading statements” regarding amenities like a medical facility and gymnasium, none of which have been built despite promises made to attract tenants, who pay upfront fees of up to $55,000 plus monthly fees.
The bunkers, originally built between 1942 and 1967 to store munitions, are now marketed to survivalists and “preppers” seeking shelter from global catastrophes. Previous legal challenges to the lease have been upheld by a circuit court judge, but are currently being appealed. The new lawsuit seeks to return all money paid by over 150 tenants, covering lease fees, bunker improvements, and amenity fees, potentially totaling over $17 million, and could result in tenants gaining ownership of the bunkers if Vivos cannot pay.
Attorney J. Scott James argues the lease is “illusory” and violates South Dakota law by requiring tenants to provide their own utilities. The lawsuit also highlights a history of conflicts between residents and Vivos xPoint, numerous complaints, and a prior shooting incident, indicating ongoing unrest within the community.
(Source:KELOLAND.com)