A $3 million land sale at Chaffee Crossing hinges on whether a Barling election allowing liquor sales is upheld in Circuit Court, and the Fort Chaffee Redevelopment Authority wants to have its say in a lawsuit over the issue.
The authority, which oversees development of 7,000 acres of former Fort Chaffee land known as Chaffee Crossing, voted Thursday to file a motion to intervene in the Sebastian County Circuit Court lawsuit challenging the Barling election.
Authority Executive Director Ivy Owen said three Hot Springs investors want to buy90 acres of Chaffee Crossing land in Barling at the intersection of Arkansas 22 and 59 for $3 million. They want to build a 70-store mall that could employ up to 700 people if the restaurants in it are allowed to sell serve alcohol.
Owen said the redevelopment authority has the right to have its side heard by presiding Judge Stephen Tabor.
Barling residents voted 1,082-544 in the Nov. 6 election to allow liquor sales.
“I think it’s absurd, antiquated and needs to be removed,” Owen said of the 1947 Arkansas Supreme Court ruling that 21 county residents argue invalidates Barling’s election.
The ruling stated that because the entire southern district of Sebastian County voted in 1944 to bar liquor sales, the entire district must vote to allow the sales. The northern district of Sebastian County consists of the city limits of Fort Smith, where alcohol sales are allowed.
The 21 county residents sued the Sebastian County Election Commission saying Barling’s election violated the 1947 ruling and state law.
The city of Barling filed a motion Jan. 11 to intervene in the lawsuit, but Tabor had not ruled on that motion as of Thursday afternoon.
Northwest Arkansas, Pages 14 on 01/25/2013