The Story of Terrell Creek

The fracas surrounds Terrell Creek, an 1,800-acre housing development predominately in northwest Christian County. MPI began marketing Terrell Creek about six weeks ago as “20-acre estate ranchettes with covenants and restrictions similar to any upscale residential community,” according to its Web site.

However, the development began in 2004 with a very different plan.

Roller coaster past

“There’s been three years ... of frustration and an incredible amount of money and effort spent to develop this piece of land, which (owner) Steve (Redford) and our company believes is our inherent right to do,” said Rick Billington, vice president of marketing for MPI.

MPI first submitted a Terrell Creek plan in 2004 to Christian County Planning and Zoning Commission. That plan called for three- to five-acre tracts and about 2,300 homes, according to Redford, and was approved. In that form, Terrell Creek would have been one of the largest housing developments ever in southwest Missouri.

At the time, Redford owned 2,240 acres at Terrell Creek. About 250 acres were in southern Greene County, and the rest were in Christian County. Since then, Redford has sold about 400 acres: 200 acres in Greene County that’s now being developed as The Lakes at Shuyler Ridge housing development and about another 200 acres in Christian County to nearby Wilson’s Creek National Battlefield.

Redford scrapped the original plan for Terrell Creek last summer because of cost concerns, according to a July 2006 Springfield News-Leader article. He then submitted a plan for a denser housing development, which was denied because it didn’t adequately account for needed improvements, including roadways and utilities, according to Glenda Hammons, Christian County’s interim planning administrator.

Legal action

Redford’s plan now features 20-acre ranchettes, because tracts of at least 20 acres are considered agricultural and are exempt from Christian County planning and zoning requirements.

But on June 26, Christian County filed a petition in Christian County Circuit Court to issue a restraining order and injunction that would force MPI to stop advertising and selling Terrell Creek property until it obtains a permit from the county Planning and Zoning Commission.

At least one tract has sold, according to the injunction. Company officials say tracts are listed at $175,000 to $240,000.

While acknowledging the exemption for agricultural property, Hammons said there are several factors that dictate that a permit here is needed.

First, she said some of the property within Terrell Creek is divided into tracts of less than 20 acres. Those tracts are marked as “reserved” on a lot map on the development’s Web site, www.terrellcreek.com.

Second, Terrell Creek Boulevard runs through the development and must get Christian County approval because the county says MPI plans for the road to service more than two houses. That means that Terrell Creek requires internal improvements and needs planning and zoning approval, she said.

Third, MPI is advertising the property as an “upscale residential community,” not as agricultural property.

On July 3, MPI responded by filing a lawsuit against Christian County and Hammons. The suit claims that the county and Hammons are using selective interpretation of Christian County development code to interfere with MPI’s right to conduct business. MPI is seeking more than $7.5 million in damages, according to the counterclaim.

The suit claims Hammons threatened prospective land buyers “that Christian County would not grant permits to build anything on any lot in Terrell Creek.”

Hammons denies the claim and said she received calls from three prospective buyers inquiring about further subdivision of lots.

“We didn’t really discuss a whole lot on building homes,” she said. “I remember one of them asking about building a home, and I told him what our standards would be to build a home. I never did tell them that they couldn’t build.”

Hammons said she didn’t foresee a problem with Terrell Creek landowners being allowed to build homes, assuming Terrell Creek Boulevard is finished with the county’s blessing and landowners obtain normal clearances: septic permit, driveway access permit, a deed to prove ownership, site plan and floor plan.

Terrell Creek Boulevard is finished except for paving, which was halted after a December 2006 injunction in Christian County Circuit Court. Judge James Eiffert ruled that MPI needed to obtain a permit to finish the boulevard because it fell within a flood plain. Hammons said MPI has since obtained an earth disturbance permit.

“The actions that Christian County has taken are a train wreck,” said Redford, who said he’s spent about $800,000 on planning and engineering for Terrell Creek over the last several years. Redford acquired the land in January 2005 after having the property under contract for more than a year.

On July 8, Christian County Judge Mark Orr ordered that the case, which contains both the petition for injunction and MPI’s counterclaim, be transferred to Greene County Circuit Court, citing the parties’ joint application for change of venue. Michael Carr, Greene County Circuit Court clerk, said his office hadn’t received the case as of July 11, but that it would be assigned to a judge upon arrival.

Other interested parties

Redford filed for annexation into the city of Republic several years ago in order to gain access to the city’s utilities for Terrell Creek. However, citizen opposition led Republic City Council to deny that request, according to Chris Coulter, interim city administrator.

Republic officials continued to talk with MPI and Christian County until the county denied MPI’s plan last summer.

“We haven’t heard anything from them since then or from Christian County,” Coulter said. “We get our news from the newspaper about what’s going on there.”

Since 2005, Redford has sold about 200 acres between two transactions to Wilson’s Creek National Battlefield Foundation. Wilson’s Creek Superintendent Ted Hillmer said acquiring that land helps protect the historic Civil War battlefield.

“Wilson’s Creek is a special place,” Hillmer said. “If we let development come right next to the battlefield, it basically destroys the ambiance. … We’re hoping (visitors) don’t see 12 subdivisions or major developments.”

Development is a danger facing battlefields across the nation, Hillmer said. For example, officials at Gettysburg National Military Park in Pennsylvania have torn down a tourist observation tower, car dealership and motel since 2000 in an effort to restore the area.

Hillmer said he’s hoping to avoid a similar situation by keeping development away from Wilson’s Creek. However, he said he’s developed a good relationship with MPI, which he said has the right to develop its land.

About MPI

Steve Redford owns Missouri Partners Inc., 800 State Highway 248, Bldg. 3, in Branson. MPI, established in 1993, offers commercial and residential development, excavating and real estate services, mostly in Stone and Taney counties. Its president and CEO is Bob Allen. The 120-employee operation was based in Hollister before 2006. The company’s developments include StoneBridge Village and The Community & Marina at Red Rock Bluff.