STATE OF SOUTH DAKOTA) IN CIRCUIT COURT )ss. COUNTY OF MEADE ) FOURTH JUDICIAL CIRCUIT ANDREW MORSE and JOHN and EMILY CLARKE, for themselves and on behalf of all similarly situated individuals, 46C1V20-000295 Plaintiffs, STATE OF SOUTH DAKOTA. and/or the SOUTH DAKOTA. COMMISSION OF SCHOOL AND PUBLIC LANDS, as successor of the SOUTH DAKOTA CEMENT PLANT COMMISSION and the SOUTH DAKOTA CEMENT. PLANT TRUST, NOTICE OF PENDENCY OF CLASS ACTION AND OF RIGHTS OF CLASS MEMBERS Defendants, To: All natural persons who own, possess title to, or hold a beneficial interest in, homes located in the subdivision of Hideaway Hills, Black Hawk, South Dakota (“Hideaway Hills"), and their successors in interest: According to the order dated September 16, 2022, and entered under SDCL §§ 15-6-23(a) and (b) by the Fourth Judicial Circuit of South Dakota in the above-captioned action, all known persons and their successors in interest of: {alll natural persons who own, possess title to, or hold a beneficial interest in, homes located in the subdivision of Hideaway Hills, Black Hawk, South Dakota (Hideaway Hills"), more particularly described in land records of Meade County, South Dakota as (i) Tract 1 of Lot 1 of the NW/4, less Lot AR and Lot H-1, and Lot 3 of the NE/4, less Lot H-I; or (i) Plat of Lots A and B of the Fuss Subdivision, formerly a portion of Tract 1 and 2 of the NW/4 of Section 8 and a portion of Lot 3 of the NE/4 of Section 8: or (iii) are situated on land east of Black Hawk, Meade County, South Dakota, described in applications for permits for the mining of gypsum by South Dakota Cement Plant Commission or South Dakota Cement Plant, including but not limited to Permit No. 424, for the site located at Tract 1, Lot 1 NW/4 less Lot AR and Lot H-1, and Lot 3 NE/4 less Lot H-1, Section 8: T2N- FILED WY 22 2092 SouM}DAKors UNrtED ican sysre ‘AHO CER OF aOURTRZ7E, generally situated east of Black Hawk between Highway 79 and I-90, are notified as follows: I. The above-captioned action was brought by ANDREW MORSE and JOHN AND EMILY CLARKE, who claim that their homes are uninhabitable due to the deformation of soil and collapsing of the Gypsum Mine underneath them that the State of South Dakota mined. 2, Plaintiffs have brought their action on their behalf and as a class action for and on behalf of all similarly situated persons. 3. The defendants named in the action are the STATE OF SOUTH DAKOTA and/or the SOUTH DAKOTA COMMISSION OF SCHOOL AND PUBLIC LANDS, as successor of the SOUTH DAKOTA CEMENT PLANT COMMISSION and the SOUTH DAKOTA CEMENT PLANT TRUST 4, Plaintiffs allege, among other things, in their complaint that the State has deprived the Plaintiffs and the Class of their safety and security in their homes, and of their use and enjoyment of their property without just compensation, a constitutional taking of their property, by failing as the subsurface estate owners to maintain the required subsurface support of the soil underneath the Homes in Hideaway Hills-leading to collapse and damages of the property. 5. Defendants have denied any liability or wrongdoing, 7. On September 16, 2022, the Court determined, according to SDCL §§ 15-6-23(a) and (b) that plaintiff’ are entitled to maintain this action as a class action on behalf of themselves and all other persons similarly situated. 8. If your home is located in the affected area described above, you will be considered a member of the class represented by plaintiffs unless you request to be excluded from the class. All persons found by the court to be properly members of this class will receive the benefit of a favorable decision and be bound by an adverse decision, If plaintiffs obtain the relief they seek under their complaint, it could result in a monetary award potentially equivalent to the value of your home. 9. If you desire to be excluded from the class for whose benefit this action is brought, you should request exclusion in writing to Judge Krull, Circuit Court Judge, Post Office Box 939, Sturgis, South Dakota, zip code 57785. Your written request for exclusion must be mailed by February 28, 2023. Your request should include the following: a, The name and number of the case Morse et al v. State of South Dakota, NO. 46CIV20- 295 b. Your name and address; ¢. Identification of the extent of your interest (owner, part owner [if applicable state percentage of ownership]) 10, If you wish to remain as a member of the class but employ and be represented by your own attorney, he or she must enter an appearance as your counsel. Plaintiffs shall timely provide any 2such known counsel with copies of this Notice and the Order Directing same (“Order”), who, as independent attorneys for persons who are members of the Class shall have a duty to provide copies of both this Notice and the Order to their clients, and, upon receipt of both shall be on notice that this Court controls the process of providing the information contained within this Notice to the members of the Class and the Court therefore further directs that any interference in this Court- ordered process or dissemination of intentionally conflicting or intentionally misleading information about the Class, or this action to Class members will be viewed dimly by the Court and dealt with accordingly, and swiftly, as needed 11. An unfavorable decision for plaintiffs will not result in any expense to you; if relief is granted in this action, the court will be asked to authorize the out-of-pocket litigation expenses and reasonable fees for plaintiffs’ attorneys to be deducted from the amount recovered. If there is no recovery, no fees will be charged. 12. The names and addresses of the principal attorneys representing the plaintiffs’ class are as follows: KATHLEEN R BARROW, 2501 N Harwood St, STE 1800, Dallas, TX 75201 14, Please be sure that you understand the legal rights involved, and if there is any question, please consult an attorney. Dated: [date of notice) [Name of the person issuing notice] {Title of the person giving notice] SILED = Tall 22 2022 “Ubud NEED YOGA, SYSTENN “HGH CLERK or COURT