Spring­dale files law­suit over ex­ca­va­tion work

Northwest Arkansas Democrat-Gazette - - NORTHWEST ARKANSAS - TRACY M. NEAL

BEN­TONVILLE — A judge has signed an or­der pro­hibit­ing Bethel Heights from ex­ca­vat­ing on prop­erty Spring­dale owns.

Ernie Cates, Spring­dale city at­tor­ney, filed doc­u­ments Thurs­day re­quest­ing the in­junc­tion. Ben­ton County Cir­cuit Judge Brad Kar­ren signed the or­der halt­ing the work. A hear­ing is set for 9:30 a.m. Thurs­day to de­ter­mine whether the pre­lim­i­nary in­junc­tion will stand.

The law­suit was filed on be­half of Spring­dale and the Spring­dale Wa­ter and Sewer Com­mis­sion against Bethel Heights and Gean Boyer Con­struc­tion II.

Bethel Heights Mayor Cyn­thia Black didn’t re­spond to two calls and an email for com­ment Fri­day.

The law­suit claims Bethel Heights and the con­struc­tion com­pany started ex­ca­va­tion to in­stall a sewer line ad­ja­cent to the east side of Jef­fer­son Street on prop­erty owned by the Spring­dale’s Pub­lic Fa­cil­i­ties Board, ac­cord­ing to court doc­u­ments.

The law­suit claims the de­fen­dants closed Jef­fer­son Street, which is in Spring­dale and Bethel Heights.

The law­suit claims Bethel Heights and the con­struc­tion com­pany are re­quired to get a per­mit from Spring­dale’s Pub­lic Works Depart­ment be­fore any ex­ca­va­tion, but they didn’t ap­ply for a per­mit.

Spring­dale of­fi­cials asked the de­fen­dants to stop work and open the street, but the re­quests were de­nied, ac­cord­ing to the law­suit.

Spring­dale of­fi­cials learned Wed­nes­day the plan was to bore un­der streets where the Spring­dale Wa­ter and Sewer Com­mis­sion has a 36-inch wa­ter line. The law­suit claims the de­fen­dants haven’t com­plied with state law, and Spring­dale wants the work halted un­til re­quired per­mits are ob­tained.

Spring­dale wants the court to pre­vent what it de­scribed as un­reg­u­lated de­vel­op­ment and un­due dam­age to pub­lic in­fra­struc­ture.

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