By Carleen Wild
Moody County Enterprise
As discovery continues in a civil lawsuit filed against the Flandreau Development Corporation over a road a Flandreau-based family feels it is owed in the citys Industrial Park, concerns are raised in regard to a new building under construction in the Industrial Park.
Bill and Lori Sutton, who live in Sioux Falls and own land adjacent to the southwest side of the city and the Industrial Park, filed suit against the FDC and its predecessor the Flandreau Improvement Corporation in 2021.
The case stems from a real estate agreement 20 years earlier.
Suttons complaint states that in 2001, Patricia Sutton sold a piece of land for $12,500 to the Flandreau Improvement Corporation for industrial development.
As part of the agreement, the Suttons say that the development group agreed to extend Industrial Avenue south and dedicate it as a public street with the purchase of property from Bill Suttons mother, Patricia Sutton.
They are asking the judge to rule in their favor.
The FDC, for numerous reasons, continues to deny it owes the family anything.
While the Suttons pursue their case however, they are raising concerns over a new building under construction in the Industrial Park, stating its size and location may be a problem should they win their lawsuit and get their road.
Patrick Glover with Meierhenry Sargent LLC spoke before the Flandreau City Council at its last regularly scheduled meeting this past Monday night. He stated the family has two issues with the development.
It is my understanding from the application of the building permit that Mr. (Matt) Seversons building is lying within the right of way or what would be the right of way if Industrial Park Road is required by the court to be dedicated and made into a road south of where it is now. Your zoning regulations require that all industrial roads have a 100 foot right of way and I believe that building is within that. It is for sure within the setback of the road so there is an issue there, Glover told the Council.
He continued by saying, And also back in June planning and zoning required that Mr. Severson purchase an additional 50 feet of frontage because the lot was not wide enough. I checked last week with the Register of Deeds and while the lot to the south of Mr. Seversons lot has been platted out, it has not been purchased…so why hes getting a building permit is a question my clients have. Why hes allowed to build, I dont expect an answer because were not on the docket, but I just want to make sure the Council is aware that those are issues that have been brought up with city officials before and they are issues wed like for you to look at.
Editors Note:
What is reported above is factual and an updated version of an article our former editor Brenda Wade Schmidt wrote in 2021.
This case is one the Moody County Enterprise will continue to follow and report on fairly and accurately as the impact could be significant in any number of ways.
However, it is important to note as the case moves forward:
I, Carleen Wild and editor of the Moody County Enterprise, was serving as President of the FDC when the Sutton family first questioned the matter. I was not President however when the FDC was served papers in this case.
Kayla Charles, also on our staff, was also a member of the FDC board at the time this issue was raised but was not intimately involved in the discussions.
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