City of Centerton v. City of Bentonville

291 S.W.3d 594, 375 Ark. 439, 2009 Ark. LEXIS 244
CourtSupreme Court of Arkansas
DecidedJanuary 30, 2009
Docket08-380
StatusPublished
Cited by1 cases

This text of 291 S.W.3d 594 (City of Centerton 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
City of Centerton v. City of Bentonville, 291 S.W.3d 594, 375 Ark. 439, 2009 Ark. LEXIS 244 (Ark. 2009).

Opinion

JIM HANNAH, Chief Justice.

The City of Centerton appeals a judgment of the Benton County Circuit Court declaring as invalid its annexation of surrounded land described as “West Island.” Centerton argues that the circuit court erred in finding that the appellees City of Bentonville, a municipal corporation, George and Nancy Huber, Daniel and Ruby Davies, Sandra and Gary Townsend, and the Lois Peters Revocable Trust (collectively referred to as “Bentonville”) satisfied their burden of proof to show that Centerton’s annexation of West Island failed to meet the requirements of Arkansas Code Annotated section 14-40-302(a) (Supp.2005). We affirm the decision of the circuit court. Our jurisdiction is pursuant to Arkansas Supreme Court Rule 1-2(b)(5).

Centerton annexed two areas of unincorporated and surrounded land known as ‘West Island” and “East Island.” Both sections of land are completely surrounded by the neighboring municipalities of Cen-terton and Bentonville. Only West Island is at issue in this appeal.

As permitted under Arkansas Code Annotated section 14-40-501 (Supp.2005), Centerton, as the municipality with the greatest distance of city limits adjoining West Island, passed an ordinance to annex West Island. At about the same time, Bentonville annexed West Island by petition of adjoining landowners, as permitted under Arkansas Code Annotated section 14-40-601 (Repl.1998). Bentonville sued Centerton, alleging that West Island failed to comply with the requirements qualifying the land for annexation by Centerton under Arkansas Code Annotated section 14-40-302(a). A judgment was entered declaring Centerton’s annexation invalid.

Admission by Bentonville

Centerton argues first that Bentonville’s annexation of West Island by petition constitutes an admission by Bentonville that West Island met not only the requirements for annexation by Bentonville, but also for annexation by Centerton. Based on this alleged admission, Centerton argues that Bentonville may not assert that Center-ton’s annexation was invalid. An admission is an acknowledgment or concession of a fact. See Ferguson v. State, 362 Ark. 547, 210 S.W.3d 53 (2005).

Centerton asserts that “Mr. Peters’ signature on that petition is an admission that the Trust’s property met at least one of the five criteria set out in A.C.A. § 14-40-302(a).” Peters is an owner of property in West Island in an area referred to as the land south of Motley Road. He, among other landowners, petitioned to be annexed into Bentonville. Centerton cites us to City of Marion v. Guaranty Loan & Real Estate Co., 75 Ark.App. 427, 58 S.W.3d 410 (2001), for the proposition that annexations by petition under section 14-40-601 must satisfy at least one of the listed criteria for annexation set out in section 14-40-302(a) before an area may be annexed. Center-ton further argues that only when the land to be annexed meets at least one of the criteria set out in section 14-40-302(a) is the petition “right and proper” as required for annexation by petition in Arkansas Code Annotated section 14-40-603(a) (Repl.1998).

With regard to whether the criteria of section 14-40-302(a) apply to annexation by petition of adjoining landowners, even though section 14-40-302(a) is not mentioned in the statutes on annexation by petition, Ark.Code Ann. §§ 14-40-601 to - 606 (Repl.1998), this court in City of Jacksonville v. City of Sherwood, 375 Ark. 107, 111, 289 S.W.3d 90, 93 (2008), stated that “the criteria apply regardless of whether the annexation proceeding was initiated by the city or by adjoining landowners.” See also Town of Houston v. Carden, 332 Ark. 340, 965 S.W.2d 131 (1998). 1 Where at least one of the criteria of section 14-40-302(a) is met, the petition of adjoining landowners is “right and proper” under section 14-40-603(a). Id.

We agree that Bentonville in the landowners’ petition asserted that the annexation of West Island was right and proper, and that implicit within that petition is an assertion that West Island met at least one of the criteria of section 14-40-302(a) with respect to the annexation by Bentonville. However, the landowners’ petition makes no assertion, implicit or otherwise, that West Island met at least one of the criteria of section 14-40-302(a) with respect to the annexation by Centerton. That West Island met a criterion with respect to Ben-tonville does not necessarily mean that it met that same criterion or any other criteria with respect to Centerton. For example, the actual growth of one municipality surrounding an island might be moving into an island while the actual growth of another surrounding municipality might not. See Ark.Code Ann. § 14-40-302(a)(3). In the landowners’ petition, neither Bentonville nor the petitioners make an admission that West Island met the requirements for annexation by Centerton.

Prima Facie Presumption of Compliance With Section lj-10-302(a)

Citing Arkansas Code Annotated section 14-40-503(a)(2) (Repl.1998), Cen-terton next argues that when the majority of its governing body voted for annexation, a prima facie case of annexation was established that Bentonville had to overcome in its suit challenging the annexation. Section 14-40-503(a)(2) provides, “If a majority of the total number of members of the governing body vote for the proposed annexation ordinance, then a prima facie case for annexation shall be established, and the city shall proceed to render services to the annexed area.” A decision to annex becomes final in thirty days unless challenged in circuit court. Ark. Code Ann. § 14-40-508(b) (Repl.1998). The burden rests on those objecting to the annexation to produce sufficient evidence to defeat the prima facie case, and that means that they must show that the area should not be annexed. Gay v. City of Springdale, 298 Ark. 554, 769 S.W.2d 740 (1989). The party challenging the ordinance bears the burden of proving the annexation was improper. Id. However, this court has noted that “by the very nature of this type of litigation, there is a wide latitude for divergence of opinion and, consequently, a high degree of reliance must be placed upon the findings of the trial judge.” Id. at 557, 769 S.W.2d at 741. A finding by a circuit court on annexation will not be reversed unless it is clearly erroneous. Town of Houston, supra.

Annexation is proper where any one of the criteria set out in section 14-40-802(a) is met. Lee v. City of Pine Bluff, 289 Ark. 204, 710 S.W.2d 205 (1986). However, “[i]f a part of the proposed area does not meet one of the five requirements, the annexation of the entire area is void in toto.” Town of Houston, 332 Ark. at 348, 965 S.W.2d at 135. Section 14-40-302(a) 2 provides as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
291 S.W.3d 594, 375 Ark. 439, 2009 Ark. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-centerton-v-city-of-bentonville-ark-2009.