Rogers takes legal action in Bentonville annexation

The suit is against Bentonville, Mayor Bob McCaslin and its council members, along with Benton County and County Judge Barry Moehring.

BENTONVILLE — Rogers is asking the courts to stop Bentonville from annexing land it wants to pull into its own boundaries.

Jennifer Waymack, the senior staff attorney for Rogers, filed a injunction Tuesday to halt Bentonville’s annexation of a strip of land that splits a nearly 4.4-square-mile piece of land Rogers hopes to annex in a Nov. 14 special election.

The suit is against Bentonville, Mayor Bob McCaslin and its council members, along with Benton County and County Judge Barry Moehring.

Bentonville will begin to provide limited services to the area today and the county will relinquish its authority over the area and no longer provide services, according to court documents.

Bentonville’s City Council unanimously approved annexing 39 property owners in a strip about 2 miles long and one-four mile wide on Sept. 12.

Rogers’ City Council voted Aug. 22 to hold an annexation election so it could obtain about 3,175 acres west of the city. The largest portion includes nearly 2,838 acres between Rogers and Highfill.

Bentonville’s annexation cuts through the middle of that largest portion causing complications for Rogers to obtain the land on the west side. The western piece will no longer share a border with Rogers, a requirement of state law for annexation by election.

McCaslin said Tuesday it was best for him not to comment and leave the matter to attorneys.

Moehring said the role of the county judge in annexations is mostly administrative.

“I have to make sure the paperwork and mapping are correct,” Moehring said. “If it’s correct, as it was in this case, I have no option but to sign it.”

Rogers claims in court filings the city will suffer immediate and irreparable damage or loss if the court doesn’t grant the injunction and restraining order.

The lawsuit claims if the Bentonville annexation ordinance becomes effective before the court hears the case then it may establish a vested right to the land.

The lawsuit is also asking for a hearing as soon as possible.

The case was assigned to Circuit Judge Doug Schrantz, but he recused from the matter. The lawsuit was then transferred to Circuit Judge Robin Green.

“I have to make sure the paperwork and mapping are correct. If it’s correct, as it was in this case, I have no option but to sign it.” — Benton County Judge Barry Moehring