A special circuit judge has temporarily blocked an Aug. 9 sales-tax election that would fund construction of a new Mississippi County courthouse in Blytheville.
Judge David Laser, a retired circuit judge from Jonesboro who was appointed to preside over Tuesday's injunction hearing in Blytheville, agreed with plaintiffs who said the sales tax election was presented unlawfully.
County Judge Randy Carney said Mississippi County will appeal Laser's decision and that he felt there was still a "50-50 chance" the election could be held Aug. 9.
Nate Steel and Alex Gray, two attorneys from Little Rock who are representing the county, did not return telephone messages Tuesday.
Mississippi County Quorum Court members called in April for a half-percent sales tax election to help fund a proposed $22.5 million courthouse. Justices of the peace said they were concerned about costly repairs needed to maintain courthouses in both Osceola and Blytheville.
Carney said the Osceola courthouse needs a new heating system and the Blytheville courthouse is in need of a new roof. Both courthouses have cracking plaster and poor plumbing.
Plans call for building a 55,000-square-foot courthouse near the intersection of Interstate 55 and U.S. 61 in south Blytheville.
Mississippi County, with a population of 44,756, is one of 10 Arkansas counties with two county courthouses. Osceola was chosen as the county seat initially and a courthouse was first built there in 1912. In 1919, a courthouse was built in Blytheville after the town was designated as a second judicial district for the county.
The two county seats are about 15 miles from each other.
Residents of Osceola filed the injunction earlier this month, saying passage of the sales tax would cause "irreparable harm" because it would force Mississippi County taxpayers to pay for a courthouse they had not authorized to build by election, said Bart Calhoun, a Little Rock attorney who represents Osceola residents.
Calhoun wrote in the legal action seeking the injunction that Blytheville was never formally approved by an election to be deemed a county seat. Calhoun also contended the wording on a portion of the election ballot that refers to the issuance of bonds did not include the actual amount needed for the new courthouse.
"We knew we had a better than not chance of getting the injunction," Calhoun said Tuesday after Laser's ruling. "We do anticipate it will be appealed."
Carney said he felt "pretty good" that the state Supreme Court will overturn Laser's decision. He said he was disappointed with Tuesday's ruling.
"[Laser] did not address the legal issues," Carney said. "He upheld his own personal beliefs. He hurt the citizens of Osceola, though. He did the city an injustice."
Most of those who attended Tuesday's two-hour hearing in Blytheville were from Osceola and were opposed to the sales tax, Calhoun said.
Carney said the county never intended to close the Osceola courthouse if a new one was built.
"Shutting that courthouse down was never in the equation," the county judge said.
He said Quorum Court members considered asking to extend a half-cent countywide sales tax used to pay for two hospitals in order to garner additional funds to help maintain the Osceola courthouse.
If the state Supreme Court overturns Laser's decision, the sales tax election will be held Aug. 9 or will be added to the Nov. 8 general election ballot, Carney said.
"It depends upon how quickly we can get this heard," Carney said.
State Desk on 07/27/2016