A court date's been set in the fight against South Dakota's new state penitentiary. What we know:

Residents, who have sued the state to get more answers about why Lincoln County was chosen as the spot for the new men's state penitentiary and why there was little transparency around the decision, now have their first court date.

The group called NOPE, Neighbors Opposed to Prison Expansion, is set to appear in court for the first time as part of the lawsuit at 3:30 p.m. Jan. 22 at the Lincoln County Courthouse in Canton. NOPE members also appeared at the courthouse for the county commission meeting Tuesday morning, where the comissioners voted 3-1 majority to support the prison lawsuit filed by the organization.

According to the vote, the state is required to use the planning and zoning process of the county as the state plan for the new men's prison, contrary to the initial understanding which said that the NOPE or the county could never overrule the state.

NOPE President Kyah Broders and Vice President Madeline Voegeli announced the court date at the second public forum on the issue held by the organization Dec. 21 at the Meadow Barn at Country Orchards in Harrisburg.

More: Sioux Falls' school board continues to dodge questions about the cap on boys' sports

Here is what we know about NOPE’s efforts to stop the prison's development and the controversial lawsuit so far:

Where will the prison be located?

The new men’s prison, a 300-acre state-owned field on the corner of 278th Street and 478th Avenue, was announced on Oct. 6, 2023, with no communication or notification given to residents, according to Voegeli’s statements.

Since then, there has been “zero communication” with the governor’s office despite the “dozens” of personal and “hundreds” of formal efforts to reach out, Voegeli said.

Officials with the DOC and the governor's office deny commenting on the issue citing the pending litigation as the reason, according to Voegeli.

More: Legal groups have filed an amicus brief in Sioux Falls Title IX lawsuit. What that means:

The concept of a new prison isn't new.

The prison’s overhaul has been known for more than two years, including shutting down the current Sioux Falls site and shifting incarcerated men to a new location within 20 miles of the city, ensuring Department of Correction’s access to the workforce.

However, there was no communication with area officials and constituents of their backyard being the prison’s new site, even though lawmakers voted in February this year to start the process of finding and purchasing land to construct the new prison. Area lawmakers and county commissioners were part of conversations with the department on potential locations but were told about the final selection only the week of.

More: Name released in fatal Lincoln County crash early Sunday morning

Where does the lawsuit fit in?

Lincoln County residents and homeowners retaliated against the decision by filing a lawsuit against the DOC and the state on Nov. 3, which the DOC has since asked the Lincoln County judge to dismiss.

The DOC’s argument is the state’s immunity in this lawsuit based on sovereign status, as stated in previous Argus Leader reporting. The state’s argument is that NOPE and Lincoln County do not have the power to supersede the DOC, or ultimately, the Legislature’s authority.

“The creature cannot exceed the authority of its creator,” said Assistant Attorney General Grant Flynn in the filed dismissal of the Plaintiff’s complaint.

Flynn is representing the Department of Corrections, the State of South Dakota and DOC Secretary Kellie Wasko in the case.

More: Where in Sioux Falls can I dispose my tree when Christmas is over?

State officials hide behind lawsuit

Since the filing of the lawsuit, the DOC and Wasko shut down all communication related to the issue, including even answering simple questions about the prison, by saying the lawsuit is too broad in nature for them to be able to talk about pending litigation.

NOPE members said, according to a one paragraph note sent to them, the lawsuit was the reason for Wasko’s and Gov. Kristi Noem’s absence at the first and second forums held by the NOPE.

In a letter from the DOC, state defendants said, “On advice of counsel and in the best interest of the state considering pending litigation against it, the State Defendants cannot discuss or be interrogated about these matters with adverse parties, especially when it is offered that no legal representation would be present,” which confirmed Noem’s and Wasko’s absence to NOPE members.

More: Gov. Kristi Noem won't attend second forum scrutinizing new men's prison site in Lincoln County

What's the larger issue?

With respect to the start of this issue and its development, including the DOC’s and governor’s office’s lack of response and willingness to respond to NOPE members and the overall public, Voegeli states the larger issue is government transparency now and moving forward.

The foundation of NOPE’s ideology is to ensure the voices of the public is heard by state and county officials when decisions are made that affect them directly.

“We’re bringing awareness to the fact that paying attention to what your government is doing and seeking out people running for office (who) continue to be transparent with their constituents is so important,” Voegeli said when talking about the powerful platform the forums provide to residents.

Correction: A previous verison of this story misstated who Assistant Attorney General Grant Flynn was representing in the lawsuit. The story has been updated to reflect this change.

This article originally appeared on Sioux Falls Argus Leader: Court date set in fight against new South Dakota state penitentiary