Annexation lawsuit settled
Posted on Wednesday, October 8, 2008
The lawsuit against the city of Bella Vista is officially concluded, after one year and one month of delays and negotiations.
"I can verify the case has been totally settled, and I verified it with the court today," City Attorney Jason Kelley said.
The lawsuit was filed against the city by property owners and businesses in 12 unincorporated pockets within the city limits. The residents did not wish to become part of Bella Vista.
The plaintiffs'main concern was that if they became part of Bella Vista, city ordinances might take away their rights to use the property they currently enjoy.
The City Council had voted to annex the pockets in July 2007. The lawsuit was originally filed in August of that year. Bentonville attorney Rick Hood of Hood and Stacy Law Firm filed the complaint on behalf of the plaintiffs.
The council approved a resolution Aug. 25 stating the city would abide by its obligation to honor "preexisting, nonconforming "uses of the contested properties. The plaintiffs had requested this reassurance in writing.
Despite two plaintiffs hiring a new attorney from Rogers and stating publicly they did not agree, all plaintiffs signed.
"I saw the original document and the dismissal order. Everyone had signed," Kelley said.
"I'm very glad this is behind us, and we are ready to move forward."
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