Request for default judgment denied in Chimney Rock case

A request for a default judgment filed this week in the lawsuit against the city of Springfield involving the proposed Chimney Rock development has been denied.

Greene County Circuit Court records show plaintiff and Galloway Village resident Dan Clark's default judgment request was denied at a motion hearing this morning. The court order means the city must respond by Aug. 8 to the defendant's first amended petition for writ of mandamus. A writ of mandamus is a court order that commands a government entity to perform a specific duty, according to Cornell Law School’s Legal Information Institute.

Evans & Dixon LLC, which is representing Clark, filed a motion for default judgment on July 28. The motion alleged the city – the lawsuit specifically names City Clerk Anita Cotter – did not respond to the plaintiff's first amended petition for writ of mandamus by the court-ordered deadline of July 25. Also on July 28, Springfield Assistant City Attorney Christopher Hoeman filed a motion for an extension of time to respond to the first amended petition for writ of mandamus.

Hoeman's July 28 motion for extension of time states the following: "Counsel for respondent inadvertently overlooked the July 11, 2025, e-notice concerning the court’s preliminary order in mandamus."

The plaintiff filed the first amended petition for writ of mandamus on July 2, after signaling in June that the Chimney Rock subdivision referendum case would be refiled. 

The case involves a preliminary plat in the Galloway Village neighborhood to make way for the Chimney Rock subdivision. Clark, who lives at 3108 Arcadia Ave. in a cul-de-sac abutting the undeveloped site, filed a complaint seeking a writ of mandamus and/or a declaratory judgment against Cotter, acting in her official role, after she rejected a referendum petition that sought to undo council's acceptance of the preliminary plat.

At its Feb. 10 meeting, council voted 8-1 in favor of authorizing the preliminary plat for the Chimney Rock subdivision at 3040 S. Arcadia Ave. and accepting the dedication of its public streets and easements. The subdivision proposed by JCRS Development LLC seeks to subdivide 8.7 acres in Galloway Village into 40 lots for single-family homes. The development site is located near the intersection of Battlefield Road and Lone Pine Avenue and is adjacent to the Chimney Hills and Chimney Hill Place subdivisions.