BELLA VISTA — The City Council voted Wednesday night to void the annexation of land into the city.
The area referred to as the boundary cleanup consists of several small parcels surrounding the city’s limits to the north, east and south.
Voters approved the annexation in May 2012, but the issue has been tied up in a lawsuit since after 75 property owners challenged it.
Filed in the name of Patricia Hyde revocable trust, the lawsuit claimed the areas in question have a highest and best use as agricultural, and by state statute cannot be annexed.
John Wilkerson, legal defense with the Arkansas Municipal League, told aldermen Wednesday a working turkey farm on one of the parcels south of the city makes that area best suited for agricultural use, and therefore could cause the city to lose the lawsuit.
It wouldn't be in the city’s best interest to continue to fight the issue, he said.
Aldermen passed agreed to work with a circuit court judge to void the annexation, as long as property owners in that area agree to no further legal action.
Once an issue has gone to voters, it must be overturned by a circuit court judge, Wilkerson said.
Another area voters in 2012 approved for annexation — known as the southern pocket, a parcel along with west side of U.S. 71, crossing the highway south of Lake Bella Vista to pick up Crye-Leike Realtors and Walgreens but not including Benton County 40 — is also being challenged in court.
Benton County Judge Bob Clinard filed suit against the ruling last summer over the issue of road maintenance.
Wilkerson said he expects the issue to see movement in court within the next week.