Tontitown files motion to stop RV park
Posted on Friday, November 17, 2006
The city of Tontitown has filed a motion to keep developers of a recreational vehicle park from building on property adjacent to the city limits while the issue of the town’s jurisdictional authority over the property is decided in court.
The motion for preliminary injunction was filed in Washington County Circuit Court by Mark Dossett, attorney for the city.
Jay and Connie Potter, owners of American RV Park, have received preliminary approval from the Washington County Planning Board to develop the RV park on their property. However, Tontitown opposed the Potters’ petition for approval, claiming that it had jurisdiction over the Potters’ land. At the planning-board level, a dispute arose between the Potters and Tontitown as to whether the city had territorial jurisdiction over the RV park, according to Dossett’s motion
On Oct. 5, under threat of a lawsuit by the Potters, according to the motion, the county planning board granted contingent approval for the development of the RV park. However, approval was based on the condition that all county approvals “ shall be null and void” if Tontitown were found to have jurisdiction for the project.
Despite that condition, the Potters began to develop their land on Oct. 8, and have continued to improve their property in furtherance of the planned RV park, according to Dossett’s motion. Their property is located just outside the corporate limits of Tontitown and is located within the town’s territorial jurisdiction.
Westbrook Doss, attorney for the Potters, said, “ We feel like we’ve got a legal permit to build from the county. ”
Tontitown has filed a counterclaim seeking a declaratory judgment to affirm its territorial jurisdiction over the Potters’ property.
Tontitown “ has a strong likelihood of success on the merits of its counterclaim, ” according to the motion.
Voters on Nov. 7 approved an ordinance annexing property that includes the RV park. The area to be annexed includes land that is being voluntarily annexed by property owners and other land that borders the city, including land west of South Pianalto Road.
The motion for preliminary injunction states that “ Tontitown has reason to believe ” that the Potters are hastening their development activities in hopes of gaining a vested property right in the use of the RV park before the issues are resolved in an adverse fashion to them.
“ If the Potters continue to develop their land during the pendency of this matter, Tontitown will suffer irreparable harm, ” the motion states.
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