Court of appeals rules against Gravette in water system case

BENTON COUNTY — Arkansas Court of Appeals ruled in favor of Centerton Utilities, formerly known as the Centerton Waterworks and Sewer Commission, in its Nov. 13 opinion in City of Gravette v. Centerton Waterworks and Sewer Commission and the City of Centerton (Case No. CV-18-990), according to a news release issued by Harrington Miller law firm.

The case was initiated by the city of Gravette’s legal attempt to forcibly take over a part of the Centerton Utilities water system. The opinion of the Court of Appeals affirms the position of Centerton Utilities that such a forcible takeover is prevented by federal law.

The opinion affirmed the earlier ruling of the Benton County Circuit Court (Case No. 04CV-17

1852) which granted judgment in the favor of Centerton Utilities and the City of Centerton, the release states.

“We are pleased to learn of the opinion issued today by the Arkansas Court of Appeals and, following the judgment entered by Benton County Circuit Court and today’s opinion affirming that judgment, we hope that this matter has been brought to a final resolution,” said Frank Holzkamper, director of Centerton Utilities, on Nov. 13.

“Providing safe, reliable and high-quality water service to over 8,000 customers is the mission of Centerton Utilities,” Holzkamper said. “The integrity of the water system, which was upheld in today’s opinion by the Court of Appeals, is critical to this mission.”

Legal counsel for Centerton Utilities was Morgan S. Doughty. Thomas N. Kieklak successfully argued the case before the Arkansas Court of Appeals on Oct. 23.

According to information provided to the Westside Eagle Observer by the city of Gravette, Gravette plans to appeal the ruling.