Robert T. WILLIAMS, Owen Honeysuckle, Rose White, Wayne Nunnerly, Lela Burns, and Barbara Mitchell Hicks, Appellants
CITY OF SHERWOOD, Arkansas; and Charles Harmon, Kenneth Keplinger, Kevin Lilly, Marina Brooks, Mary Jo Heye, Mike Sanders, Tim McMinn, and Toni Butler, in Their Official Capacities as Aldermen of the City of Sherwood, Arkansas, Appellees
Rehearing Denied December 4, 2019
FROM THE PULASKI COUNTY CIRCUIT COURT, THIRD DIVISION [NO.
60CV-14-4864], HONORABLE CATHLEEN V. COMPTON, JUDGE
F. Lane, P.A., by: James F. Lane, for appellants.
Stephen Cobb, Sherwood City Attorney, for appellee.
M. BROWN, Judge
case is the latest in a series of challenges to issues
addressed in and related to the Pulaski County Circuit
Courts order entered in October 2005 in which Central
Arkansas Water ("CAW") was appointed as receiver
for Brushy Island Public Water Authority. In the instant
appeal, appellants argue that the circuit court erred in
denying their petition for declaratory judgment and granting
summary judgment in favor of appellees City of Sherwood et
al. Finding no justiciable controversy, we affirm.
Brushy Island community was annexed into the City of Sherwood
as a result of the 1974 and 1982 general elections. Water
service was provided to Brushy Island residents exclusively
from the Brushy Island Water Association, Inc., a nonprofit
corporation. On July 15, 2003, during an annual membership
meeting, Brushy Island Water Association, Inc. was converted
to a public water authority known as Brushy Island Public
Water Authority ("Authority") pursuant to and in
accordance with Arkansas Code Annotated section 4-35-202
(Supp. 2003). Some residents of the Brushy Island community
challenged the conversion vote; however, on October 18, 2005,
the Pulaski County Circuit Court entered an order denying the
challenge, granting the Authoritys motion for appointment of
a receiver, and appointing CAW as receiver for the
on evidence indicating the state of disrepair of the
Authoritys water-system facilities, CAW was ordered to,
within six months of the date of the order, contract for and
begin construction on the improvements necessary to bring the
system up to the standards of other water systems operated by
CAW. Specifically, CAW was ordered to install improvements,
detailed in the order as follows:
The Improvements consist of the installation of approximately
4400 Linear Feet (LF) of 24-inch Ductile Iron (DI) pipe, 4900
LF of 12-inch DI pipe, 4900 LF of 8-inch DI pipe, 4300 LF of
3-inch PVC pipe, and 5900 LF of 2-inch PVC pipe and
appurtenances. The Improvements will also include the
installation of 10 new Fire Hydrants, 320 new service meters
and Pressure Regulators, as well as repair and/or replacement
of existing service lines as required.
Additionally, financing for the improvements to the water
system was addressed in the order as follows:
37. CAW has estimated that the costs for construction and
completion of the Improvements will be approximately
$1,949,100 (the "Project Costs").
38. CAW shall contribute approximately $165,690 toward
payment of the Project ...