SPRINGDALE -- A judge ruled against Bethel Heights in its effort to prevent Springdale from annexing more than 85 acres involved in a property dispute between the two cities.
Benton County Circuit Judge Brad Karren granted Springdale's motion to dismiss Bethel Heights' lawsuit at a hearing June 2, said Ernest Cate, Springdale city attorney. A motion from the hearing hadn't been filed with Benton County Circuit Court as of Monday.
TIMELINE
Annexation from Bethel Heights to Springdale
• October: Springdale approved the property owners’ first request to annex into the city.
• December: Bethel Heights denied the deannexation of the property.
• March 10: Springdale approved annexation of the property.
• April 2: Bethel Heights filed a lawsuit against Springdale.
• May 26: Springdale approved rezoning of the property.
• June 2: Circuit Judge Brad Karren granted Springdale’s motion to dismiss.
Source: Staff Report
Bethel Heights filed the lawsuit against Springdale in April claiming the city improperly annexed the Bethel Heights property in March. The property is three tracts owned by Greg Kendrick and Kim Kendrick, according to city documents. The Benton County Circuit Court lawsuit named Springdale, Gregory A. Kendrick Revocable Living Trust and Shelly Kendrick as defendants.
Cate said in May that he filed a motion to dismiss the suit, arguing it was filed after the deadline to do so expired.
A challenge to an annexation had to be filed within 20 days of the date it was approved by the City Council, Cate said. The annexation was approved March 10, and the challenge was filed April 2.
Robert Rhoads, the attorney representing Bethel Heights, said the city didn't hire him until after time expired. But Rhoads said he doesn't think Springdale followed the statute on the annexation process.
"I don't think the 20 days applies, because they didn't follow the statute in the first place," he said in May.
The approval of the annexation in March was the property owner's second attempt at being annexed into Springdale. Springdale aldermen approved the first request in October, but Bethel Heights aldermen denied the deannexation in December.
The property owners then requested sewer service from Bethel Heights to provide no less than an 8-inch sewer main sufficient for industrial use, according to the lawsuit. Bethel Heights accepted the request and had sewer service at the property, but the lawsuit doesn't specify whether the service is an 8-inch main.
Bethel Heights has a septic tank effluent pumping system, while Springdale has a wastewater treatment facility.
Bethel Heights also requested additional information about the intended industrial use of the property, according to the lawsuit. The property owner didn't provide the information.
The Springdale Public Facilities Board is interested in buying the property for industrial use, Mayor Doug Sprouse has said.
Rezoning the property was also contingent upon the June 2 court hearing. Springdale aldermen approved rezoning the property from agricultural to general industrial May 26.
Rhoads filed an appeal of the rezoning on Bethel Heights' behalf June 4. The complaint requests an immediate and permanent injunction against Springdale and the Planning Commission.
The complaint states it is "an appeal of the decision of a quasi-judicial body," and also states "the amendment to the zoning ordinance of Springdale without making its zoning compatible with zoned uses of the adjacent land in Bethel heights" renders the ordinance void.
The complaint states the adjacent properties in Bethel Heights are zoned either agricultural or "R-1." It states that "R-1" in Bethel Heights is for low density residential.
Bethel Heights is considering all of its options for what its next step will be, Rhoads said.
Metro on 06/09/2015