BENTONVILLE -- The city is asking a judge to decide what property rights it has regarding the Lake Bella Vista dam.
George Spence filed the lawsuit on behalf of the city last week in Benton County Circuit Court. Cooper Realty Investments and the Bentonville/Bella Vista Trailblazers Association are the defendants.
Cooper Realty conveyed the property on Feb. 10, 2000, to the Trailblazers by limited warranty deed. The Trailblazers conveyed the property to Bentonville on Nov. 1, 2006, by special warranty deed, according to court documents.
The city spent money on the property and included Lake Bella Vista in its park system.
The lake is formed by a man-made dam on Little Sugar Creek. The dam was damaged in 2008 because of flooding. The city created plans to rebuild the dam or improve and stabilize it for the continued existence of Lake Bella Vista, according to the complaint.
Some groups asked the city to consider eliminating the dam to return the creek to a naturally flowing stream, according to the complaint. The city is considering the option.
People associated with Cooper Realty have objected to the city not rebuilding the dam and maintaining the lake, according to the lawsuit. The basis of the objection is that the conveyance of the property to the Trailblazers and later to the city was conditioned on the dam being maintained, and, if necessary, building a new dam to maintain Lake Bella Vista, according to court documents.
John Cooper III, president of Cooper Communities, sent the city a letter Aug. 7, 2018, objecting to any plan that didn't include rebuilding the dam and maintaining the lake, according to court documents.
The lawsuit asks the judge to declare what property rights the city has in regard to the property and whether the agreement limits the city's decision to rebuild or remove the dam.
The case is assigned to Benton County Circuit Judge John Scott.
General News on 05/15/2019