Springdale Council Approves Interchange Lawsuit Settlement

— City officials have one less condemnation lawsuit connected to the Don Tyson Parkway interchange after the City Council approved a settlement Tuesday.

The council voted to accept an offer from Victory Church to settle for $238,667 for 1.22 acres to be used for right of way on the west side of Interstate 540. The new interchange, now under construction, will connect I-540 to the parkway.

At A Glance

Council Action

Springdale’s City Council met Tuesday and approved:

Waiving requirements to build sidewalks for a development at Northwest Technical Institute

Purchasing 25 LED fixtures for $31,964 to complete conversion of lighting system at Murphy Park

Endorsing South Coast Baking in the state Sales and Use Tax Refund Program

Setting Jan. 14 as a hearing date for vacating unused right of way for Blair and Main streets

Filing cleanup liens on 2475 N. 40th St., 3909 Clark Ave., 1930 Dick Smith St., 604 Dodson St., 740 Geneva St., 2289 Linden Circle, 1660 Sarah Lane, 2403 Sycamore St., 702 Westbury St. and 3675, 3697 and 3721 Serenity St.

Source: Staff Report

“This is the same range as other lawsuits we have settled,” said Ernest Cate, city attorney. “That is why I recommend settling this one.”

The settlement did have some opposition. Aldermen Eric Ford and Mike Lawson voted against the settlement.

“I wasn’t in favor of the other settlements and I’m against this one,” Ford said in an earlier committee meeting. “We’ve had these properties appraised and I think we should stick to those figures.”

The right of way property was appraised at $74,700. The church offered earlier to settle for $325,000 but the council didn't accept the offer at a September meeting.

At the same meeting, the council approved settling interchange condemnation lawsuit with John and Laura Sisemore for $564,000. The city’s appraised value of the 1.85 acres was $165,000.

At the time, council members said they approved that settlement because the right of way required took all of the Sisemores’ property. Other property owners had land remaining after the condemnation.

The council voted at that time to adjust a settlement with 4&P LLC to $354,645 for 2.15 acres, down from a $560,000 settlement offer from the owner. The city’s appraisal for that right of way was $93,500.

Representatives of 4&P LLC accepted the offer about month ago, said Steve Lisle, the attorney who represented Victory Church and 4&P LLC.

The settlements will be paid from $42.7 million in bond money, set aside for streets. Voters approved the bond sale in August 2012. A 1 percent sales tax, first approved in 1993, will pay off the bonds.

Three other condemnation lawsuits remain regarding interchange right of way on the west side of the interstate. Victory Church owned land on the east side of the interstate that also was condemned. The condemnation took their worship facility which has been demolished. The city’s appraisal was $2.45 million, Cate said.

Victory Church hasn't made a settlement offer, he said.

The defendants to the remaining condemnation lawsuits are the Rock of Northwest Arkansas, Valley Harvest Ministry and the Church of Northwest Arkansas.

Upcoming Events