Christian Co. prosecutor reverses dec...

Christian Co. prosecutor reverses decision and declares Lindenlure public!

Posted in the Ozark Forum

Linden Lover

United States

#1 May 22, 2012
You read correctly. We got the call yesterday afternoon. The prosecutor's office has more thoroughly reviewed the situation and the precedent-setting Missouri Supreme Court case Elder v. Delcour and declared that Lindenlure is public up to the ordinary high water mark. In laymen's terms, this means the dry banks are public up to the point where the grass and vegetation begin growing. In addition, the prosecutor's office has informed the Linden home owner's association and instructed them to stop harassing visitors and to stop smearing purple paint on the boulders near the bridge.
As it is Memorial Day weekend, we would like to invite everyone to come down to the Lindenlure dam for a sort of "grand reopening" to the public. It was a long difficult fight, but the rich snobs in the Linden HOA have finally been given the message that the law applies to them just like the "riff raff" they've been trying to keep away from the river.
So come down this weekend and enjoy your legal recreational use of the river once again!
Missouri friend

Ozark, MO

#2 May 22, 2012
I knew that all along.Amazing how much legal and other manouvering was done to keep people off there for 2(?)years.The state law is very clear.I'd hate to live there,for sure but the law enforcement will be heavily enforcing,we can bet on it.
Families for Linden

United States

#3 May 22, 2012
I feel for the property owners at Linden. Our family used to go down below the dam, however, it has become a haven for undesirable behavior. We are now scared to expose our kids to the drinking, drug use, abusive language, and fights.

We hope that the area will be heavily patrolled, especially this Memorial Day weekend. Decent people, including the property owners deserve peaceful appropriate behavior.
What

Ozark, MO

#4 May 22, 2012
Maybe someone should let mr. Mchaffie (Darrell)that sets at the john's ford bridge with a pistol strapped on his side just daring someone to get in the river that the public has a right to use river. He spends hours there guarding it like he owns the water.
SuZ

Joplin, MO

#6 May 23, 2012
I assume they're meaning the gravel beds above the dam. Its not as easy as you'd think swimming against the current on the upper side ... and the gravel beds are a good distance up stream.
Another Resident

Ava, MO

#7 May 24, 2012
Linden Lover wrote:
You read correctly. We got the call yesterday afternoon. The prosecutor's office has more thoroughly reviewed the situation and the precedent-setting Missouri Supreme Court case Elder v. Delcour and declared that Lindenlure is public up to the ordinary high water mark. In laymen's terms, this means the dry banks are public up to the point where the grass and vegetation begin growing. In addition, the prosecutor's office has informed the Linden home owner's association and instructed them to stop harassing visitors and to stop smearing purple paint on the boulders near the bridge.
As it is Memorial Day weekend, we would like to invite everyone to come down to the Lindenlure dam for a sort of "grand reopening" to the public. It was a long difficult fight, but the rich snobs in the Linden HOA have finally been given the message that the law applies to them just like the "riff raff" they've been trying to keep away from the river.
So come down this weekend and enjoy your legal recreational use of the river once again!
You may want to double check your understanding of the decision. Some understand loitering does not have to be allowed. Loitering is illegal in other public places so it is possible.
Linden Lover

Fort Madison, IA

#8 May 24, 2012
Another Resident wrote:
<quoted text>
Some understand loitering does not have to be allowed.
It's not loitering and it does have to be allowed.

In the 1954 MO Supreme Court case Elder v. Delcour (which set the precedent on Missouri river law) the couple in the suit stopped and made camp on the dry banks of the Meramac River--and the court ruled they were not trespassing.

You do not simply have to be passing through. You can sit in lawn chair on the banks, you can push a baby carriage, you can fish--the banks to the high water mark are part of the public easement.
Linden Lover

Fort Madison, IA

#9 May 24, 2012
Prosecutor contacted us again today and again reversed decision.

She now agrees that the dry banks at Linden are public and has told the sheriff's department she will not prosecute for that.

I believe her, but I'm trying not to get my hopes up this time. We'll see what's going on at Linden this weekend with the sheriff, but I would encourage everyone to go there.:)
Missouri friend

Branson, MO

#10 May 24, 2012
It's allways been my understanding that x amount of feet of shoreline belong to the government ,I can't remember if it's 10 or 20 foot ,but this land is free to be used by the public.I don't really understand what the people living there have to be so snobby about.One of the properties is listed on GSBOR for sale and the pictures of the inside show it's a total dump.
Another Resident

Mansfield, MO

#11 May 25, 2012
I agree it should be open to the public and the state is required to provide access to it.
At the same time, the people that do spend time there should respect the river, the neighbors, and others enjoying the river. There is no reason to leave your trash behind, to be yelling profanities, to be intimidating, or to be stupid drunk.
Linden Lover

Nixa, MO

#12 May 27, 2012
Despite what we were told by the prosecutor, we were yet again turned away by off-duty Christian County deputies were being paid to stand on the banks and harass people by the Linden home owner's association.

They were allowing people to remain in the water, but anyone setting foot on the dry banks was asked to leave under threat of arrest (despite the fact that the deputies doing this admitted themselves that this is probably not legally correct). Pretty ridiculous.

The water patrol has told the prosecutor that the dry banks are public. The conservation department has told the prosecutor that the dry banks are public. The deputies themselves have agreed that the dry banks are public. The prosecutor has told us that the dry banks are public and that the sheriff's office would be told this.

And yet, here we are, Memorial Day weekend, people still getting turned away.

Pathetic. I am really disgusted with this whole situation. Apparently if you're rich and live in a gated community, the law is whatever you pay off-duty deputies to make it.

Looks like we're going to have to make a bigger stink about this issue.
Missouri friend

Ozark, MO

#13 May 27, 2012
That's outrageous!Would calling the TV stations help.To have this on video would be good ,too.
lindin

Ava, MO

#16 May 28, 2012
Missouri friend wrote:
That's outrageous!Would calling the TV stations help.To have this on video would be good ,too.
We need to tell as mant TV stations that will listen. Newspapers too. If they took you to jail, could you sue if no charges are brought. Maybe we need t0o flood the jail. Let them take us. Then sue the shit out of them !!!!
scared of the water

Monett, MO

#17 May 29, 2012
I just like being there because of the talent and the fact that I can be there. But I'm s cared the water.
goatburger

Sparta, MO

#18 May 30, 2012
Linden Lover wrote:
Despite what we were told by the prosecutor, we were yet again turned away by off-duty Christian County deputies were being paid to stand on the banks and harass people by the Linden home owner's association.
They were allowing people to remain in the water, but anyone setting foot on the dry banks was asked to leave under threat of arrest (despite the fact that the deputies doing this admitted themselves that this is probably not legally correct). Pretty ridiculous.
The water patrol has told the prosecutor that the dry banks are public. The conservation department has told the prosecutor that the dry banks are public. The deputies themselves have agreed that the dry banks are public. The prosecutor has told us that the dry banks are public and that the sheriff's office would be told this.
And yet, here we are, Memorial Day weekend, people still getting turned away.
Pathetic. I am really disgusted with this whole situation. Apparently if you're rich and live in a gated community, the law is whatever you pay off-duty deputies to make it.
Looks like we're going to have to make a bigger stink about this issue.
Remember that when you vote for the sheriff this year. Support a someone that will not allow their deputies to strong arm the public for money.
ntnrml

Tucson, AZ

#19 Jan 10, 2015
I'm so glad that decision was reversed! I haven't been there for 58 years, because I live in Arizona now and just don't get back that way very often. But my memories are fresh as the last day I was there. It would have such a shame if other kids couldn't have the same memories.
Dave Davis
Tucson, Az.

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