Save Our River!

We are seeking your help to save the most special stretch of the Wild and Scenic Missouri River in Clay County from inappropriate development. We believe in the voice of the community who enjoy this National Park (Missouri National Recreation River, MNRR) and we seek to preserve the river's historical significance to the American people. We also believe in the biologists and National Park experts who have testified to the ecological significance of this stretch of river to the birds, fish, and plants that call it home and whose lives depend on keeping the river free from bank stabilization.

Background:

In 2021 the Daniel Heine Trust petitioned to rezone a three-quarter mile stretch of the Missouri River in the Natural Resources Conservation District next to Clay County Park to build an 18-house development. The Clay County Commission turned down the request.

The following year, The Heine Trust again sought permission for the same housing development, this time under the guise of a Conditional Use Permit (CUP). Our County Commissioners again said No by a vote of 3 to 2. But the Commission Chairman and the State’s Attorney misconstrued the language of the Clay County Ordinance, declared that the minority vote should prevail, and green-lighted the proposed development.

We, the aggrieved citizens of Clay County, sought to redress what we regarded as an unlawful act. We retained attorney Mitch Peterson of Davenport Law Firm in Sioux Falls, and we sought a Declaratory Judgment in federal court to stop the development. In December of 2023, the Judge dismissed our case, not on the merits of our case, but because we, as citizens of Clay County do not have a protected interest in the land. This essentially means that without a personal financial interest, we cannot be hurt by the development.

Of course, what we are fighting for is not about our financial gain or loss, but our public interest to protect a precious community resource from being defiled. Zoning ordinances are set by the people of the county to protect public interest, not to maximize personal financial gain. The laws are in place to prevent exactly this type of overreach by the financial interests of outsiders and developers.

A jewel of Clay County is about to lose some of its splendor that cannot be replaced, but there is still hope. Especially to stop future proposals like this one from going forward. We have good zoning ordinances in Clay County and we will continue to fight to uphold and protect the rights of the public. We would love to have your help if you are interested in joining the fight.

Please help with your donation to our Go Fund Me account, or send a check made out to Davenport Law Firm and mail to Harry and Grace Freeman at: 30814 Frog Creek Rd. Vermillion, SD, 57069.

100% of donations will be used to protect the river in the following ways:

THANK YOU from future generations and from the many birds and mammals who make this special place their home!