Federal lawsuit against Cave Springs dismissed

BENTONVILLE -- A federal judge dismissed a lawsuit filed against Cave Springs by its recorder-treasurer.

Kimberly Hutcheson filed the lawsuit in February against Mayor Travis Lee, the current six-person City Council and two former council members.

The lawsuit claimed Lee and the council members violated Hutcheson's constitutional rights by restricting her ability to do her job.

The City Council voted in October 2015 to merge the recorder and treasurer positions. The council appointed Hutcheson, who was serving as recorder, to be treasurer. However, the council failed to list the duties of treasurer as part of the merger, according to the lawsuit.

The lawsuit also accused Lee of having a personal grudge against Hutcheson and locking her out of her office, which prevented her from doing her job.

Judge Timothy Brooks signed an order Tuesday dismissing Hutcheson's lawsuit. Brooks found Hutcheson didn't have sufficient facts to support her case.

Hutcheson nor her attorney George Rozzell could be reached for comment Wednesday.

"It's regrettable that Miss Hutcheson has chosen to waste the time and valuable resources of the good people of Cave Springs by filing what the court described as a meritless lawsuit," Lee said Wednesday. "It is fortunate that we have a legal system which in this case has protected the citizens. My hope is that she will stop taking these destructive actions and allow the people's business to move forward."

Councilman Larry Fletcher said he isn't surprised the lawsuit was dismissed.

"It's now time to move on," he said.

The city's legal problems are not over.

Another federal lawsuit that involves the city hasn't been resolved.

Nathan Coy and Jaci Hawkins filed the lawsuit in February against Hutcheson and City Council members Charles Lindley, Mary Ann Winters, Rick Sayer, Fletcher and Randall Noblett. Councilwoman Joan White wasn't named as a defendant in the lawsuit.

The lawsuit claims Hutcheson unfairly targeted Coy and Hawkins. The lawsuit also alleges Hutcheson and the council have opposed city employees believed to be in support of Lee.

Jenna Adams, the attorney for the city officials, filed an answer that denied the claims.

Benton County prosecutor Nathan Smith requested Arkansas State Police investigate findings of a audit into the city's finances.

"The audit uncovered the unauthorized over payment of city officials, alleged misappropriation of city money, and other financial irregularities," Smith wrote in a letter sent to Col. Bill Bryant, State Police director. "After reviewing the audit, it is apparent to me that further investigation into these issues is warranted."

Earlier this month, Barry Moehring, Benton County judge, told the city to return $242,000 in property taxes to residents because of a filing error. The City Council voted not to appeal Moehring's decision.

NW News on 08/17/2017

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