A ranching couple in Rapid City is bringing legal action against the city and its landfill.
Ross and Fern Johnson filed a lawsuit against Rapid City and its landfill for alleged damages to their cattle ranch operation.
The Johnsons share a boundary with the city’s landfill which has grown considerably over time. The Johnsons say that their property has experienced flooding, toxic runoff, and trash all coming from the landfill.
Kathleen Barrow is representing the Johnson’s in their case against the city. She said the city has ignored the Johnson’s for too many years.
In 2022 the Johnsons hired a third-party environmental engineering company to conduct water and soil testing. Barrow said the results were bad enough to discourage neighboring farms from allowing their land to be tested.
“We were not successful in getting other landowners to allow our environmentalist to test their property or to come onto their property and test. - the water in their wells, or in the creek by their property, because they were afraid we were going to find something and then it affects their property value,” said Barrow.
Rapid City purchased 106 acres from the previous owners of the Johnson’s ranch and signed a 10-year cattle buffer grazing agreement.
Carla Cushman is the Deputy City Attorney for Rapid City. She said after the 10-year agreement expired, the city placed a fence along the buffer property and began using it.
“It's true that in 2002 this 106 acres that the city purchased for $590,000, we did commit to using it for grazing purposes for ten years. But after that we do not have any restrictions on how we can use it," said Cushman. "And we didn’t pay $590,000 to use it as a buffer zone. We spent that money so that we could use it for supporting of the landfill and landfill uses.”
Cushman said the city has followed all state and federal laws regulating landfills and that these concerns are not being expressed by other Rapid City citizens.
