Ormond Enterprises, Inc. v. Point Remove Wetlands Reclamation & Irrigation District

253 S.W.3d 449, 369 Ark. 250, 2007 Ark. LEXIS 214
CourtSupreme Court of Arkansas
DecidedMarch 15, 2007
Docket06-1135
StatusPublished
Cited by1 cases

This text of 253 S.W.3d 449 (Ormond Enterprises, Inc. v. Point Remove Wetlands Reclamation & Irrigation District) 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
Ormond Enterprises, Inc. v. Point Remove Wetlands Reclamation & Irrigation District, 253 S.W.3d 449, 369 Ark. 250, 2007 Ark. LEXIS 214 (Ark. 2007).

Opinion

Robert L. Brown, Justice.

Appellant Ormond Enterprises, Inc. (“Ormond”) appeals from the order of the circuit court, in which the court granted the appellee Point Remove Wetlands Reclamation and Irrigation Improvement District’s (“District”) motion, to dismiss. On appeal, Ormond raises two points: (1) the circuit court erred as a matter of law in ruling that its property could not be excluded from the District; (2) the circuit court erred in finding it was not in the best interest of the District to exclude its property without affording Ormond an opportunity to present evidence.

On September 14, 1993, multiple petitioners filed a petition in the circuit court for the creation of the District. In their petition, those petitioners claimed that they were the majority in value of the lands in Conway County described in the petition. The petitioners claimed that the District would serve the following purposes:

The purposes of this district are for the construction, operation and maintenance of dams, gates, weirs, ditches, canals, pipelines and other waterways; pumping facilities and, other capital improvements for the purpose of the provision of water for the Ed Gordon/Point Remove Wildlife Management Area (WMA), a public wedands area maintained and operated by the Arkansas Game and Fish Commission for the purposes of providing habitat for migratory waterfowl and other game and non game species, irrigation, flood control, and the improvement of agricultural lands included within the proposed district.

The petitioners added that the project was “necessary in order to provide irrigation to some estimated 18,500 acres of agricultural land which will facilitate a significant increase in both the yield and diversity of crops capable of being grown with accompanying economic benefits not only to the [a]ffected landowners, but to the entire region and state.” By its order entered on October 20, 1993, the circuit court granted the petitioners’ request to create the District for the purposes designated in the petition.

On December 11, 2001, the circuit court entered an order accepting the District’s adopted assessments of land and finding that those assessments were proper, in accordance with the law, and equitable. On September 24, 2002, the District petitioned for authority to borrow money through the Arkansas Soil and Water Conservation Commission, which the court granted by its order entered on November 13, 2002.

On April 24, 2003, the District filed a petition to ratify its Phase II plans for irrigation and to modify the property owner assessments. The District noted that based on its completed Phase II construction plans, it would not be feasible to provide irrigation for certain lands and that these landowners, who were named in the petition, would derive no benefits from the construction or operation of the project. The District prayed that those lands be deleted from the District and that the related assessments be eliminated. The District also claimed that the National Resource Conservation Service (“NRCS”) was conducting research about other properties that may have derived diminished benefits from the project. According to the District, there might be an additional request for modification of assessments and elimination of tracts of land on the lower end of the project once it received the recommendations from the NRCS.

The circuit court entered an order on May 14, 2003, that ratified the Phase II plans and ordered that the assessments on the tracts of land identified in its order should be eliminated, effective with the July 1, 2003 tax year. The court also ordered that the collection of those taxes be suspended from the date of its order forward and that any taxes accruing and collected after that date be remitted to the landowners.

On September 24, 2003, the District filed a second petition for amended ratification of Phase II plans and modification of assessments. Based on the NRCS study, the District found that all the land in a certain location would derive no additional benefits from the project and should, therefore, be eliminated from the project. The District moved for their elimination. On November 12, 2003, the circuit court entered an order for amended ratification of Phase II plans and modification of assessments based on the NRCS study. In that order, the court directed that the plans for Phase II construction be approved and that the assessments on the tracts described in the District’s exhibits be eliminated, effective with the January 1, 2003 tax year and for all subsequent tax years. The court also ordered that the collection of those taxes be suspended from the date of the order forward and that any taxes accruing and collected after that date be remitted to the landowners.

On January 14, 2005, Ormond and others filed a pleading entitled Petition and Notice of Appeal and claimed that its land should have been excluded along with the land that was excluded in the circuit court’s November 12, 2003 order. 1 Ormond asserted that its land abutted the land that was excluded. It also requested that the court find that the assessment ofbenefits as to its properties was inaccurate, that it disallow any purported levying of real property taxes on the property, and that it enter an order excluding its land from the district. Ormond requested, in addition, that the court order that no taxes be levied on its land pending a full hearing on this matter.

On January 21, 2005, the District moved to dismiss Ormond’s petition. The District relied on Arkansas Code Annotated § 14-117-207 (Repl. 1998), for its argument that Ormond had filed its petition late. According to the District, the thirty-day period required under § 14-117-207 had elapsed for Ormond to challenge the inclusion of lands within the District and the assessment of benefits. Thus, the District concluded in its motion that Ormond’s petition and notice of appeal failed to state facts upon which relief could be granted and should be dismissed.

In its response to that motion, Ormond stated that the court should rule on the issue of exclusion of the Ormond land “prior to the execution of any bonds or other indebtedness by the District.” Ormond next filed an amended response to its motion to dismiss, in which it stated, in addition to adopting all previous allegations in its prior motion to dismiss, that no levy should be made on its land since it received no benefit from the District.

On July 10, 2006, the circuit court entered an order granting the District’s motion to dismiss. The court ruled that Ormond did not “timely appeal from the order creating the [District,” as required by § 14-117-207. The court further found that, as a matter of law, it was precluded from excluding Ormond’s property based on Arkansas Code Annotated § 14-117-208(h) (Repl. 1998), because the District had an outstanding and existing indebtedness to the Arkansas Soil and Water Commission that was to be repaid from the assessments against the land within the District. Additionally, the court determined that, pursuant to § 14-117-208(d), it was not in the best interest of the District to exclude additional property from the District at that time.

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Bluebook (online)
253 S.W.3d 449, 369 Ark. 250, 2007 Ark. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ormond-enterprises-inc-v-point-remove-wetlands-reclamation-irrigation-ark-2007.