City of Maumelle v. Jeffrey Sand Co.

120 S.W.3d 55, 353 Ark. 686, 2003 Ark. LEXIS 367
CourtSupreme Court of Arkansas
DecidedJune 19, 2003
Docket02-256
StatusPublished
Cited by23 cases

This text of 120 S.W.3d 55 (City of Maumelle v. Jeffrey Sand Co.) 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 Maumelle v. Jeffrey Sand Co., 120 S.W.3d 55, 353 Ark. 686, 2003 Ark. LEXIS 367 (Ark. 2003).

Opinion

Annabelle Clinton Imber, Justice.

In 2001, Jeffery Sand Company (JSC) sought to detach its property from the City of Maumelle and requested that the City of North Little Rock annex the property under the Detachment-Annexation Statutes, codified at Ark. Code Ann. § 14-40-2001 et seq. (Supp. 1999). Even though water and sewer services were available to the property, JSC asserts that because Maumelle did not provide them as municipal services, Maumelle failed to meet the requirements of the Detachment-Annexation Statutes. The circuit court agreed with JSC and upheld detachment of the property from Maumelle as well as a North Little Rock ordinance annexing the property. We disagree with the circuit court’s interpretation of Ark. Code Ann. § 14-40-2001 et seq., and reverse.

On February 7, 2001, JSC filed a statement requesting that Maumelle provide sewer and water services to its property located within the Maumelle city limits. Maumelle responded with a March 6, 2001, letter stating that it was committed to providing services to the property, and in fact the requested services were currently available to the property. On April 6, 2001, JSC replied stating that Maumelle’s March 6 letter failed to commit to providing water and sewer services to the property as required by Ark. Code Ann. § 14-40-2002. As a result, JSC was detaching its property from Maumelle and would seek annexation by North Little Rock. In response to JSC, North Little Rock Mayor Patrick Hays sent a letter to JSC’s attorney on May 4, 2001, expressing his support of the proposed annexation and assuring JSC that North Little Rock could provide, and, in fact, was already providing the requested services to the property. Also on May 4, 2001, Maumelle filed an action seeking a declaratory judgment to the effect that Maumelle had substantially complied with the statutory requirements in section 14-40-2002.

On July 13, 2001, JSC moved for summary judgment contending that Maumelle’s interpretation of the statute was wrong as a matter of law, and on August 10, 2001, Maumelle amended its complaint to add a request for an injunction prohibiting North Little Rock from annexing the property. At the end of a hearing held on the afternoon of August 13, 2001, the circuit court denied Maumelle’s request for a temporary restraining order prohibiting North Little Rock from annexing the property on the condition that there would be no change in the use of the land until the court handed down a decision on the merits of the case. Later that same evening, the North Little Rock City Council unanimously adopted Ordinance No. 7389 annexing JSC’s property. In response, Maumelle again amended its complaint on September 4, 2001, to request that the court declare Ordinance No. 7389 void. The circuit court conducted a hearing on JSC’s summary-judgment motion on November 16, 2001, and took the issue under advisement.

A hearing on the merits of the case was then held on November 19, 2001, and the circuit court entered its findings of fact and conclusions of law on November 26, 2001. The court found that because Maumelle did not own the water and sewer services going to the property, Maumelle did not provide the services as required by the Detachment-Annexation Statutes. Therefore, the circuit court upheld (a) JSC’s detachment of its property from Maumelle and (b) the validity of the North Little Rock ordinance annexing JSC’s property.

On December 7, 2001, Maumelle moved that the judgment be amended to include thirty-one additional facts pursuant to Rule 52 of the Arkansas Rules of Civil Procedure. Maumelle filed a timely notice of appeal from the November 26 order on December 21, 2001, and then filed an amended notice of appeal on January 31, 2002, incorporating the deemed-denied posttrial motions.

For reversal, Maumelle contends that the circuit court erred in its interpretation of the Detachment-Annexation Statutes and in its ruling that the 2001 amendments to the statute did not apply. Maumelle further argues that even if the circuit court was correct in its interpretation of the statute, its ruling was clearly erroneous. To resolve these issues, we are called upon to interpret the Detachment-Annexation Statutes, Ark. Code Ann. § 14-40-2001 et seq.

Standard of Review

We review issues of statutory interpretation de novo because it is for this court to decide what a statute means. Reding v. Wagner, 350 Ark. 322, 86 S.W.3d 386 (2002). The purpose of statutory construction is to give effect to the intent of the General Assembly. Williams v. Little Rock Sch. Dist., 347 Ark. 637, 66 S.W.3d 590 (2002). In doing so, we give the words of the statute their ordinary and usually accepted meaning in common language. Id. If the language of a statute is clear and unambiguous and conveys a clear and definite meaning, it is unnecessary to resort to the rules of statutory interpretation. Id.

Statutory Interpretation

Maumelle’s first point on appeal challenges the circuit court’s interpretation of the Detachment-Annexation Statutes. In a two-pronged argument, Maumelle contends that the circuit court not only erred when it allowed JSC to detach from Maumelle where the requested services were already available to the property, but the court also erred when it declined to rule that the Detachment-Annexation Statutes only apply to a landowner requesting “new services.”

In accordance with our standard of review, we first determine whether the language of the statute is clear and unambiguous and conveys a clear and definite meaning. The Detachment-Annexation Statutes provide, in relevant part, as follows:

14-40-2002. Annexation into adjoining municipality.
(a)(1) A landowner or group of landowners seeking additional municipal services may have their land detached from the municipality in which it is located and annexed into another municipality that borders the land.
(2) However, before annexation is allowed, the municipality in which the land is located shall have an opportunity to provide the services.
(b) The following procedure shall apply:
(1) The landowner or landowners shall file a statement with the municipality in which the land is located listing the municipal service or services being sought and stating that:
(A) The municipality is not providing services necessary to create improvements, provide employment or additional employment, subdivide, or otherwise maximize the use and value of the property;
(B) All the land in the request must compose one (1) area which is contiguous to another municipality;
(C) The services are available in another municipality that borders the land subject to the request; and

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Bluebook (online)
120 S.W.3d 55, 353 Ark. 686, 2003 Ark. LEXIS 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-maumelle-v-jeffrey-sand-co-ark-2003.