Circuit judge to hear case on Barling vote

FORT SMITH — A Sebastian County Circuit Court judge said Monday that he will hear arguments Dec. 31 on whether a court challenge to a Nov. 6 liquor election in Barling should be dismissed.

The attorneys in the case appeared briefly before Circuit Judge Stephen Tabor on Monday and said they wanted more time to try to agree on a set of facts in the case that would minimize the need for witness testimony and allow Tabor to rule on the law in the case.

County Prosecuting Attorney Dan Shue filed a motion Nov. 29 to dismiss the challenge of 21 Barling residents, arguing they showed no “alleged wrongs, by election officials or any other persons, that render the results of the election doubtful.”

In a brief he filed in circuit court Monday supporting the motion to dismiss, Shue cited a 2012 Arkansas Supreme Court case, City v. City, 212 Ark. 384,which read, in part,

“Once the votes have been cast, we will not set aside the election unless the procedural errors rendered the result doubtful or prevented the electorate from casting free and intelligent votes.”

The 21 Barling residents filed suit Nov. 20 through Booneville attorney Erik Danielson, claiming that the election should be voided because it violated Arkansas law.

Barling residents voted 1,082 to 544 in the general election in favor of retail liquor sales in the city.

But the challengers claimed that the vote was invalid because the entire Greenwood district, which included Barling, voted to go dry in 1942. They argued the law states the entire district, not just Barling, would have to vote to go wet to permit alcohol sales.

Since the election, the Arkansas Alcoholic Beverage Control Division has received several requests for liquor permit applications.

Danielson told Tabor on Monday that a division attorney has assured him that no permits would be issued until the legal challenge was disposed of in court.