BELLA VISTA — A lawsuit filed by Benton County Judge Bob Clinard against Bella Vista in June 2012 has been settled in the city’s favor, said Mark Hayes, general counsel for the Arkansas Municipal League.
The lawsuit challenged the annexation of the area referred to as the “southern pocket” south of the city along the west side of U.S. 71, crossing the highway to include Crye-Leike, AT&T and Walgreens, but not including Benton County Road 40.
The annexation was approved by voters in the May 2012 primary election, but challenged by Clinard soon after.
The grounds for the lawsuit stated only the land in question did not conform to the requirements and standards for annexations as outlined by Arkansas Code. Clinard also claimed neither he nor anyone else was aware the annexation did not include Benton County Road 40, which is maintained by the county Road Department.
The decision has been made, but an order has not yet been signed by ruling judge Tom Smitherman of Hot Springs National Park, Hayes said.
“(The plaintiff) didn’t state in what way the annexation at issue violates the law, just that it didn’t meet the requirements set forth in another statute,” Hayes said.
John Wilkerson of the Arkansas Municipal League, who represented the city, argued the county didn’t have standing to bring the case.
Smitherman heard the case after all of the circuit court judges in the 19th West Judicial Circuit recused from the case in August 2012.
The annexation will go into effect 30 days following Smitherman’s signing of the order, unless Smitherman’s ruling is appealed.
“Most people believe Old Bella Vista is part of Bella Vista already,” said Bella Vista Mayor Frank Anderson, referring to the residential area to the west of Lake Bella Vista along U.S. 71.