Arkansas Soil & Water Conservation Commission v. City of Bentonville

92 S.W.3d 47, 351 Ark. 289, 2002 Ark. LEXIS 633
CourtSupreme Court of Arkansas
DecidedDecember 12, 2002
Docket02-658
StatusPublished
Cited by25 cases

This text of 92 S.W.3d 47 (Arkansas Soil & Water Conservation Commission v. City of Bentonville) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arkansas Soil & Water Conservation Commission v. City of Bentonville, 92 S.W.3d 47, 351 Ark. 289, 2002 Ark. LEXIS 633 (Ark. 2002).

Opinion

Annabelle Clinton Imber, Justice.

This case arises from a decision by the Arkansas Soil and Water Conservation Commission (ASWCC) to approve a water project submitted by the City of Centerton that included a portion of the City of Bentonville’s five-mile extraterritorial planning area. ASWCC argues on appeal that it acted within its statutory authority in approving Centerton’s water project. We agree and uphold ASWCC’s decision. Accordingly, we reverse the circuit court’s order and remand with directions to reinstate ASWCC’s decision.

In early 2000, the Centerton Water and Sewer Commission submitted its water distribution project to ASWCC for approval. The proposed project included areas surrounding Centerton to the north, south, and west, a portion of which lies within Benton-ville’s five-mile extraterritorial planning area. ASWCC held public hearings on Centerton’s water project application. Several residents in the proposed service area testified in favor of the project, and letters of endorsement were made a part of the record. Jerry Martin, an engineer with Engineering Services, Inc., testified on behalf of Centerton that the proposed water project would cost customers an additional $4.30 per month and would benefit existing customers by eliminating dead-end areas. He estimated the construction costs at $2.2 million, including a 10% contingency fee and miscellaneous costs, and explained that the costs were based on similar projects. The project would take about a year-and-a-half to two years to complete. On cross-examination, he confirmed that the Preliminary Engineering Report (PER) was prepared without a survey of the residents of the area, which is not unusual. The potential customer base was determined by doing a “house count” in the proposed project’s service area. Britt Vance, public works director for Bentonville, testified that he believed the project was substantially underbid and would actually cost over $3.2 million. Mr. Martin responded by testifying that Mr. Vance’s estimates were very high and out of line with bids he had recently received on a similar project. A resident in the area testified that he and 300 other residents did not want to pay for the water service. An analysis submitted by Centerton estimated that the proposed project would improve the water flow available for fire fighting.

In July 2000, the director of ASWCC approved Centerton’s proposed water project, albeit with certain exceptions that allowed Bentonville to serve customers within 300 feet of its existing lines. In April 2001, the full commission adopted the director’s order but excluded any areas that Bentonville annexed prior to March 15, 2001, and clarified that water would be supplied by the Benton/Washington County Water Association (Two-Ton) regional water system. Bentonville then appealed to the Benton County Circuit Court. During a hearing before the circuit court, ASWCC pointed out that Bentonville had not submitted a water project for the area, and that ASWCC ruled on the only project before it. The circuit court adopted ASWCC’s findings of fact, conclusions of law, and order except the court ruled that ASWCC exceeded its statutory authority by extending Centerton’s water service area into Bentonville’s extraterritorial planning area. ASWCC filed this appeal challenging the circuit court’s decision. Our jurisdiction is pursuant to Ark. Sup. Ct. R. 1-2(b)(6) (2002). ASWCC maintains it did not exceed its statutory authority by approving Centerton’s water project and that its order is supported by substantial evidence and is not arbitrary, capricious, or characterized by an abuse of discretion. On the other hand, Bentonville claims ASWCC exceeded the scope of its statutory authority. Bentonville also suggests that the decision by ASWCC should not be upheld because: (1) it is based on a faulty procedure whereby ASWCC modified Centerton’s water project; (2) the decision is arbitrary; and (3) the decision is not supported by substantial evidence.

Standard of Review

On appeal from a circuit court’s review of a state agency’s decision, our review is limited in scope and is directed not to the decision of the circuit court but to whether the decision of the administrative agency is supported by substantial evidence. Arkansas Professional Bail Bondsman v. Oudin, 348 Ark. 48, 69 S.W.3d 855 (2002;) Arkansas Contr. Lic. Bd. v. Pegasus Renovation Co., 347 Ark. 320, 64 S.W.3d 241 (2001); Tomerlin v. Nickolich, 342 Ark. 325, 27 S.W.3d 746 (2000). We review the entire record in making that determination. Arkansas Professional Bail Bondsman v. Oudin, supra; Arkansas Alcoholic Beverage Control v. Muncrief 308 Ark. 373, 825 S.W.2d 816 (1992). We have recognized that “administrative agencies are better equipped than courts, by specialization, insight through experience, and more flexible procedures to determine and analyze underlying legal issues affecting their agencies, and this recognition accounts for the limited scope of judicial review of administrative action and the refusal of the court to substitute its judgment and discretion for that of the administrative agency.” Arkansas Professional Bail Bondsman v. Oudin, 348 Ark. at 53, 69 S.W.3d at 858.

Arkansas Code Annotated § 25-15-212(h) provides that this court may reverse or modify the Board’s decision

if the substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the agency’s statutory authority;
(3) Made upon unlawful procedure;
(4) Affected by other error or law;
(5) Not supported by substantial evidence of record; or
(6) Arbitrary, capricious, or characterized by abuse of discretion.

Ark. Code Ann. § 25-15-212(h) (Supp. 2001). In making this determination, we review the entire record and give the evidence its strongest probative force in favor of the agency’s ruling. Arkansas Professional Bail Bondsman v. Oudin, supra. “[B]etween two fairly conflicting views, even if the reviewing court might have made a different choice, the board’s choice must not be displaced.” Arkansas Contr. Lic. Bd. v. Pegasus Renovation Co., 347 Ark. at 327, 64 S.W.3d at 245; Jackson v. Arkansas Racing Comm’n, 343 Ark. 307, 34 S.W.3d 740 (2001). These standards have been applied to ASWCC decisions. City of Benton v. Arkansas Soil & Water Conservation Commission, 345 Ark. 249, 45 S.W.3d 805 (2001).

I. ASWCC’s Statutory Authority

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Bluebook (online)
92 S.W.3d 47, 351 Ark. 289, 2002 Ark. LEXIS 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-soil-water-conservation-commission-v-city-of-bentonville-ark-2002.