Court order grants Springtown petition, voids 2014 ordinance

Street narrowing nullified, improperly passed originally

SPRINGTOWN — Following an appeal to the Arkansas Court of Appeals, a court order was signed on 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 the town 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 Bredehoeft 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 that the 2014 ordinance failed because the town did not 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 are ordered to pay to the town the sum of $2,191.25 for costs in the appeal.

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

The town council has discussed plans to reopen the street as a continuation of Bredehoeft Road and reroute 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.