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Survival bunker renters sue owner of former South Dakota munitions bunkers over lease, amenities
On Sept. 16, six bunker lessees filed a class-action in Fall River County Circuit Court alleging Vivos xPoint used an unenforceable lease, seeking more than $17 million in damages.
Plaintiffs say the lease is 'illusory' because tenants pay $55,000 upfront for 99-year leases yet must install utilities, while ownership can unilaterally alter terms and evict renters, said attorney J. Scott James.
Vivos marketed amenities that tenants say never materialized, alleging promised medical facility, gymnasium and laundry were not built, while more than 40 tenants showed interest as trash and security services remained spotty.
The lawsuit demands return of all money paid by more than 150 tenants, including upfront fees of $25,000 to $55,000, tenant improvements, attorney fees, and punitive damages, or tenants could gain ownership if Vivos cannot pay.
The community has a history of conflicts and legal disputes, including a 2024 shooting incident; a prior lease challenge was upheld but is now on appeal before the South Dakota Supreme Court.