Benton County Circuit Judge Brad Karren set hearings in November to hear arguments in Bethel Heights' complaints against Springdale and a landowner related to more than 85 acres Springdale annexed and rezoned this spring.
Bethel Heights filed lawsuits against Springdale and the Gregory A. Kendrick Revocable Living Trust after Springdale city officials approved the annexation March 10 and the rezoning May 26. The property was rezoned from agricultural to general industrial.
During Monday's hearing in Benton County Circuit Court, Karren declined Bethel Heights' request for a declaratory judgment regarding the rezoning, instead setting a hearing for Nov. 30.
Robert Rhoads, the attorney representing Bethel Heights, filed an appeal of the rezoning on Bethel Heights' behalf June 4. The complaint requests an immediate and permanent injunction against Springdale and the Springdale Planning Commission.
Previously, Karren dismissed all but one aspect of a lawsuit Bethel Heights filed April 2 about the annexation. Karren set a hearing, also Nov. 30, to address Bethel Heights' claim the Gregory A. Kendrick Revocable Living Trust's actions constitute a breach of contract, said Bill Watkins, attorney for the trust.
NW News on 08/04/2015