The Weekly Vista

Bentonvill­e free to decide Lake Bella Vista’s future

- KEITH BRYANT kbryant@nwadg.com

While the city of Bentonvill­e appears to have the legal right to decide how to develop the Lake Bella Vista park, the exact decision of how to proceed may not be made immediatel­y.

A judgment was issued in Bentonvill­e’s favor Thursday, Aug. 27, by Benton County Circuit Judge John Scott in a case between Bentonvill­e and Cooper

Realty Investment­s over whether Bentonvill­e had the legal right to remove the Lake Bella Vista Dam.

The property was conveyed by Cooper to NWA Trailblaze­rs in 2000 by limited warranty deed, and the Trailblaze­rs conveyed the property to Bentonvill­e under a special warranty deed in 2006, according to court documents.

George Spence, an attorney representi­ng the city in litigation with Cooper Communitie­s, said that the city has not currently decided whether to remove the dam and needs to examine this judgment before deciding where to go from here.

“It’s not something that’s going to happen extremely quickly,” he said. “We’re going to be very deliberate about how we proceed.”

The case provided an amount of clarificat­ion the city needed, he added.

“One of the objectives of the

case was to allow the council to be able to know what the parameters of where its decision could be made, what its limits were,” he said.

After a hearing like this, a formal order needs to be drawn up and that can take some time — and it can be very difficult to estimate how long that will take, he said.

The final decision on what to do with this park will be made by the Bentonvill­e City Council and will be a public process, Spence said.

David Matthews, an attorney representi­ng Cooper, declined to make a statement regarding any future action from the company regarding this park.

Greg Van Horn with Friends of Little Sugar Creek — a pro-removal group — said this decision could lead to dam removal, allowing the creek to flow freely for the first time in over a century.

“That’s a big deal,” he said.

Removal could mitigate flooding in the area and reduce maintenanc­e compared to the current out-of-service dam, which is frequently damaged in floods, he added.

 ?? Keith Bryant/The Weekly Vista ?? The Lake Bella Vista dam remains closed after rains earlier this year washed out large portions of it.
Keith Bryant/The Weekly Vista The Lake Bella Vista dam remains closed after rains earlier this year washed out large portions of it.

Newspapers in English

Newspapers from United States