SIOUX FALLS, S.D. — Some Shindler area families who successfully sued South Dakota for a poorly designed highway that flooded their homes are petitioning the U.S. Supreme Court in hopes of forcing the state to pay attorney’s fees in the case.
A jury awarded the five families $1 million in 2014. Jurors found the state failed to heed warnings by its own engineers about possible flooding if it built culverts on Highway 11 that were too narrow.
The state Supreme Court upheld that decision last fall, but did not order payment of attorney’s fees. The Argus Leader reports the families say the state is violating federal law by refusing to pay the fees. In their petition, the families say the law requires payment of legal fees to those displaced by the actions of the government.
Information from: Argus Leader, http://www.argusleader.com