The South Dakota Supreme Court upheld the lease structure used by Vivos xPoint Investment Group on April 22, overturning a lower court ruling that the company’s contracts were unenforceable, as a class-action lawsuit seeking more than $17 million from the same ownership group moves forward in circuit court.
Vivos xPoint is a 575-bunker complex covering 18 square miles of a former World War II Army munitions depot near Edgemont, South Dakota. California entrepreneur Robert Vicino’s company sells 99-year lease rights on concrete bunkers for up to $55,000 plus rent and service fees.
The class-action, filed in Fall River County Circuit Court in October 2025, alleges the lease is unenforceable and violates residents’ rights. It follows an earlier individual challenge by Daniel Sindorf, who faced eviction after brandishing a firearm when a contractor’s dog attacked his wife, under a firearms policy added to the complex’s rules after Sindorf had already signed his lease.
In Vivos xPoint Investment Group vs. Sindorf, the court rejected claims that management’s ability to modify lease terms after signing made the contract “illusory.” The case was remanded to circuit court. Sindorf’s attorney said legal challenges will continue.
Disputes at the compound have extended beyond the courtroom. Army veteran David Streeter shot and wounded Vivos contractor Kelly Anderson, who arrived at his bunker on a front-end loader during a septic system dispute.
While a grand jury declined to indict Streeter criminally, Anderson later filed a civil lawsuit. However, the South Dakota Supreme Court ruled in March 2026 that Streeter was immune from civil liability under the state’s stand-your-ground law. Vivos xPoint is still pursuing his eviction.
The Wall Street Journal reported May 26 that none of the amenities Vivos xPoint promised residents, including a gym, restaurant, general store, clinic, and stables, have been completed in more than a decade. Operations director Dante Vicino told the Journal those facilities remain in development, citing difficulty finding labor in the remote area.
