City of Centerton v. City of Bentonville, 375 Ark. 439

Summary

The Supreme Court of Arkansas affirmed a circuit court judgment invalidating the City of Centerton's annexation of surrounded land known as West Island. The court held that the annexed property south of Motley Road did not satisfy any of the statutory annexation criteria in Arkansas Code Annotated section 14-40-302(a), and that failure rendered the entire annexation void in toto. The court also explained that an adjoining landowners' petition to annex property into Bentonville did not constitute an admission that the property qualified for annexation by Centerton.

Holdings

1. Bentonville's petition annexation did not admit that West Island satisfied the statutory criteria for annexation by Centerton because the criteria must be evaluated in relation to the particular municipality seeking annexation.
2. The prima facie case established by the governing body's vote for annexation was overcome because Bentonville presented sufficient evidence that the disputed land did not satisfy any criterion in section 14-40-302(a).
3. When any part of the proposed annexed area fails to meet at least one of the statutory annexation criteria, the entire annexation is void in toto.
4. The circuit court did not clearly err in declaring Centerton's annexation invalid.

Questions Presented

1. Whether Bentonville's petition annexation constituted an admission that West Island satisfied the statutory criteria for annexation by Centerton.
2. Whether Centerton's prima facie case under Arkansas Code Annotated section 14-40-503(a)(2) required affirmance of its annexation.
3. Whether the land south of Motley Road satisfied at least one of the annexation criteria in Arkansas Code Annotated section 14-40-302(a).
4. Whether the circuit court clearly erred in declaring Centerton's annexation invalid.

Disposition

affirmed