Court grants Springtown petition, voids ordinance

SPRINGTOWN — Following an appeal to the Arkansas Court of Appeals, a court order signed June 3 by Judge John Scott of the Circuit Court of Benton County reversing the court’s former decision and granting the declaratory judgment petition of Springtown and voiding an ordinance improperly passed by the town council in 2014.

As a result, the town’s narrowing of a street between Bredhoeft Road and Flint Creek near the Don Early Memorial Bridge on Aubrey Long Road from 60 feet wide to 20 feet in width and giving to adjacent landowners Michael Evans, Lisa Taylor and Paul Lemke the land vacated by the town has been declared null and void.

The appeals court ruled the 2014 ordinance failed because the town didn’t have the required two-thirds of the council vote necessary (with only three of five council members voting in favor) to suspend the rules and pass the ordinance on three readings with a single vote.

The 2014 council, according to the ruling, therefore only passed the ordinance on its first reading and not the required subsequent readings.

In addition, Lisa Taylor, trustee of the Elnora Kay Taylor Revocable Trust, and Paul I. Lemke were ordered to pay to the town $2,191 for costs in the appeal.

The petition filed by Springtown in October 2017 requesting a declaratory judgment to void the 2014 ordinance which narrowed an “unplatted” 60-foot-wide street to 20 feet was denied Nov. 11, 2018, but was then appealed by the town council, according to court documents.

The town council has discussed plans to open the street as a continuation of Bredehoeft Road and route traffic from Bredehoeft and Aubrey Long roads there rather than on the current Aubrey Long Road which passes by the home and big spring on property owned by Preston and Karee Barrett.