BENTONVILLE (KFSM) — Rogers has filed a lawsuit to stop Bentonville from annexing lands Rogers wants to bring into its city limits.
Rogers staff attorney Jennifer Waymack filed a suit Tuesday (Oct. 10) in Benton County Circuit Court seeking a preliminary injunction to stop Bentonville’s annexation of county lands near Arkansas 112.
The Bentonville City Council voted unanimously to accept the voluntary annexation last month.
Rogers was scheduled to hold a special election in November on the same piece of land.
The suit, which names the City of Bentonville, Mayor Bob McCaslin and the council, as well as Benton County Judge Barry Moehring, says the county will relinquish control of the area and Bentonville will begin providing limited services Wednesday (Oct. 11).
Rogers argues that it will suffer irreparable harm if the court doesn’t grant the injunction, adding if Bentonville’s annexation becomes effective before the court hears this case, the harm to Rogers can’t be compensated or cured by money damages.
A hearing is set for 1:30 p.m. Monday (Oct. 16).
The City Rogers released this statement in regards to the lawsuit but denied our request for an on camera interview:
“The Bentonville annexation attempt raises an unsettled question of law, and the City of Rogers believes the appropriate place for arguments is before the Judge.”
Moehring said his role in this type of annexation is administrative.
“Under Act 567 of 2017, the county judge ‘shall enter an order confirming the annexation,'” Moehring said. “Once a petitioner has met stated requirements. There is no other option for me than to sign this so as to abide by state law.”
McCaslin declined to comment.