Missouri River canoeing enthusiasts lose lawsuit over housing project

Judge rules there is no constitutional right violated by development

Photo by Drew Dau on Unsplash

A federal judge has dismissed a lawsuit brought by a group of Clay County landowners who accused the Clay County Commission of violating their constitutional rights over a housing development.

The landowners wanted the court to stop an 18-residence development along the Missouri River, arguing the commission had met improperly when the residents appealed a conditional use permit that had been granted to the Daniel Heine Living Trust for the development. The landowners argued they had constitutional protections – including a private property interest on a segment of the Missouri River.

But U.S. District Court Judge Charles Kornmann dispatched the claim, deciding that no constitutionally protected rights were violated and that the plaintiffs were not entitled to those protections.

A key argument made by the plaintiffs was a property rights claim. The landowners suggested that their extensive use of the Missouri River along the segment of the proposed development conferred a property right, Kornmann said. The landowners argued they had used the river for canoeing, kayaking and camping for decades.

Kornmann, 86, has been on the federal bench for nearly 30 years — being appointed by President Bill Clinton. He’s been the author of some colorful decisions over the years, and his order dismissing the Clay County case follows that path.