LP6 CLAIMANTS v. DEPARTMENT OF TOURISM

#29129.

945 N.W.2d 911 (2020)

2020 S.D. 38

LP6 CLAIMANTS, LLC, Plaintiff and Appellant, v. SOUTH DAKOTA DEPARTMENT OF TOURISM AND STATE DEVELOPMENT, South Dakota Governor's Office of Economic Development, South Dakota Department of Tourism, and the State of South Dakota, Defendants and Appellees, and SDRC, Inc., SD Investment Fund, LLC 6, and Joop Bollen, Defendants, and SDRC, Inc., SD Investment Fund, LLC 6, and Joop Bollen, Third-Party Plaintiffs, v. Henry Global Consulting Group a/k/a Henry Global a/k/a Henry Global Group a/k/a Henry Global Consulting USA, incorporated under the laws of the People's Republic of China, Third-Party Defendant.

Supreme Court of South Dakota.

Opinion Filed June 24, 2020.


Attorney(s) appearing for the Case

STEVEN D. SANDVEN , Beresford, South Dakota, EZIO SCALDAFERRI , BRUCE ROBINS , of Feder Kaszovitz, LLP, New York, New York, Attorneys for plaintiff and appellant.

PAUL E. BACHAND , AARON P. SCHEIBE , Special Assistant Attorneys General, Pierre, South Dakota, ROBERT L. MORRIS , Special Assistant Attorney General, Belle Fourche, South Dakota, Attorneys for defendants and appellees.


[¶1.] A group of investors in the EB5 immigrant investment program sued various agencies that implemented the program in South Dakota, claiming fraud in procuring their investments, which were lost when the project went bankrupt. The circuit court granted a motion to dismiss

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