Northwest Arkansas Democrat-Gazette
Judge rejects Bella Vista man’s request
Property owner sought to intervene in dam lawsuit
Flooding in 2008 damaged the dam. The city planned to rebuild an improved dam, according to the lawsuit.
BENTONVILLE — A judge Wednesday denied the request of a Bella Vista man to intervene in a lawsuit concerning the Lake Bella Vista dam.
Benton County Circuit Judge John Scott rejected Clinton Wolf Ricker’s request to be allowed to intervene in a lawsuit Bentonville filed against Cooper Realty Investments and the Bentonville/Bella Vista Trailblazers Association.
The judge found Ricker didn’t have standing to intervene in the lawsuit. Ricker wasn’t involved with the contracts or other documents between the parties in the lawsuit, Scott said after a short hearing Wednesday on Ricker’s request.
Ricker said he should be allowed to intervene because his property has a view of the lake and because taxpayer money was being spent on the property. Ricker said he was given access to the lake when it was developed, but he couldn’t find the documents.
George Spence, attorney for Bentonville, said the purpose of the lawsuit is to determine the city’s legal rights based on land transactions and contracts. Ricker isn’t a party to the contract and shouldn’t be allowed to intervene, Spence argued.
Ricker said he was disappointed in the judge’s decision. He said he plans to appeal.
The lawsuit asks the judge to declare what rights the city has in regard to the property and whether any agreements limit the city in rebuilding or removing the dam.
Cooper Realty conveyed the property Feb. 10, 2000, to the Trailblazers by limited warranty deed. The Trailblazers conveyed the property to Bentonville Nov. 1, 2006, by special warranty deed, according to court documents. The city spent money on the property and included Lake Bella Vista in its park system.
The lake is formed by a man-made dam on Little Sugar Creek. Flooding in 2008 damaged the dam. The city planned to rebuild an
improved dam, according to the lawsuit.
Some groups asked the city to consider eliminating the dam and to return the creek to a naturally flowing stream, according to the suit. The city is considering the option.
Cooper Realty wants the city to rebuild the dam and
maintain the lake, according to the lawsuit. The conveyance of the property to the Trailblazers and later to the city was conditioned on the dam being maintained, and, if necessary, building a new dam to maintain Lake Bella Vista.
A status hearing is scheduled for 9 a.m. Nov. 6.