Springdale files lawsuit over excavation work

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.