Judge upholds Springdale rezoning

SPRINGDALE — A judge said Wednesday morning Springdale’s rezoning of more than 85 acres in north Springdale for industrial use will stand.

Springdale annexed the property in March, and the City Council approved rezoning it from agricultural to general industrial May 26.

Bethel Heights has disputed Springdale’s actions and filed a lawsuit in April claiming Springdale improperly annexed the property from Bethel Heights and the rezoning should be void.

Mayor Doug Sprouse has said the Springdale Public Facilities Board is interested in buying the land for industrial use. It is owned by the Gregory A. Kendrick Revocable Living Trust.

Benton County Circuit Judge Brad Karren previously dismissed other aspects of the lawsuit.

On Wednesday morning, he ruled against Bethel Heights’ claim the landowner’s actions constitute a breach of contract, said Bill Watkins, attorney for the trust and the Kendricks. Karren said there was no

contract to be breached, Watkins said.

Bethel Heights said in its complaint the rezoning wasn’t compatible with the zoned uses of adjacent land in Bethel Heights and therefore was void. Ernest Cate, Springdale city attorney, said at Wednesday’s hearing there is land adjacent to the property already zoned industrial. Karren noted Bethel Heights rezoned the 4 acres of adjacent land from agricultural to industrial on July 1, 2007.

Karren granted Springdale’s motion for summary judgment Wednesday morning, saying the rezoning wasn’t lacking a rational basis.

Kim Kendrick, one of the property owners, said the family’s attorney advised them not to speak with reporters about the litigation.