Chimney Rock court case put on hold 

A court case filed against the city of Springfield has been paused pending City Council action on a zoning measure. 

Yesterday, Judge Joshua Christensen of the Greene County Circuit Court filed an order for a stay of all proceedings in the case brought by Dan Clark against Springfield City Clerk Anita Cotter pending City Council’s decision on a revised preliminary plat for the planned Chimney Rock subdivision. Clark lives in Galloway Village property abutting the planned subdivision at 3108 S. Arcadia Ave., according to court records. 

The judge’s order notes that all parties agreed to the terms of the stipulated order staying the proceedings until Sept. 30 to allow council time to vote on the revised plat. 

Clark filed his complaint on May 2 after his referendum petition with nearly 2,000 signatures was rejected by Cotter in March. That petition sought to undo council’s Feb. 10 decision to approve a preliminary plat for the subdivision. The plat granted access to Arcadia Avenue, Mimosa Street and other residential property.  

Clark, who lives in a cul-de-sac beside the undeveloped site of the proposed development, maintained that the plat violated conditions of a conditional overlay district passed in 2018. That COD prohibited access from the undeveloped property to Arcadia Avenue, Mimosa Street or any residentially zoned tract, according to Clark’s complaint. 

Cotter responded to Clark’s petition submission with a letter saying the council decision on the plat was administrative in nature, rather than legislative, and that administrative acts of council are not subject to referendum. 

Clark’s complaint requested injunctive relief from the court to uphold his property rights and his rights to the referendum process and to due process. 

Galloway Village residents have successfully used a citywide referendum in the past, with roughly 71% of voters in a 2022 referendum rejecting a proposed rezoning across from Sequiota Park. 

On Aug. 14, the city’s Planning & Zoning Commission unanimously approved a revised preliminary plat submitted by developer JCRS Development LLC. That plat reduced the number of lots in the subdivision to 29 from 40 and also removes a previously planned connection to Arcadia Avenue. 

The measure is scheduled for a public hearing in front of City Council on Sept. 8.