Press release: South Dakota landowners sue Summit Carbon for trespass

For Immediate Release: Oct. 23, 2025

Contacts:
Nick Moser, nick@mwhlawyers.com or 605-655-2199
Ed Fischbach, fisch@nvc.net or 605-228-0045

South Dakota landowners sue Summit Carbon for trespass

Aberdeen, SD – It was a balmy afternoon on June 6, 2023, when Summit Carbon’s entourage descended on Jared and Tara Bossly’s Brown County South Dakota home. Summit dispatched its armed security guards, public relations team, drilling crew, surveyors, and others. Sherriff’s department personal were also on site. Jared, however, was prevented from directly monitoring what was occurring on his land and was relegated to watching from a distance. Supporting Jared and Tara were neighbors and farmers familiar with Summit and its tactics. 

“It was a terrible day. I was a hostage on my own property. There was nothing I could do. I would never want anyone else to feel that way on their own land. We are bringing this case in hopes a Brown County jury will do justice by finding Summit and the other defendants liable for what they did,” said Plaintiff Jared Bossly.

Prior to Summit’s trespass, in a letter to Jared it claimed a “need to have access” to Jared’s land “for the purpose of surveying and examining said properties, including conducting civil, environmental and archaeological/cultural surveys and examinations, including any necessary geotechnical/soil borings … and deep dig surveys and examinations” and that their activity could include the use of a “track mounted drilling rig” and “continuous flight augers, hollow stem augers, wet rotary drills, or rock coring drills.”

Summit claimed it was legally vested with the authority to take Bossly’s land for public use. However, Bossly fought back challenging that claim in circuit court and along with other landowners ultimately won his appeal to the South Dakota Supreme Court on August 21, 2024. 

Because Summit did not have the right to enter the Bossly land without their permission, they bring this lawsuit to address issues not previously before the Supreme Court including damages incurred due to Summit’s surveys, trespasses, and acts of negligence and nuisance.

“Summit has left a lot of damage in its path here in South Dakota and I am proud of Jared and Tara for having the courage to bring this case and we need the community to stand behind them,” said Ed Fischbach, a farmer who was present during Summit’s activities on the Bossly land.

Complaint & Demand for Jury Trial
Exhibit A - Complaint
Exhibit B - Complaint