WASHINGTON COUNTY, ARKANSAS, Ark. — A local woman has sued Washington County and a local electric company after she claims the two parties trespassed on and altered her property as part of a road widening project.
Lisa Dennis is named as the plaintiff in the suit, represented by attorney John C. Everett. Dennis owns three parcels of land totaling 89 acres just outside Fayetteville city limits.
A complaint filed by Dennis' legal counsel on Feb. 29 claims that the defendants entered and altered her property in order to widen a county road without permission.
Defendants in the case include Washington County, Ozarks Electric Cooperative, and John Doe 1, who is described in the complaint as a contractor or agent associated with Ozarks Electric who "participated in the unauthorized entry on the property and engaged in design, excavation, construction, installation, or other acts related to the installation of poles, crossarm holds, cable wires, guy wires, transformers, and other facilities."
The complaint says that Dennis' parents purchased the property one parcel at a time starting with 70 acres on Jan. 22, 1970. Nine acres were later purchased on Aug. 16, 1974, and one acre on Dec. 30, 1976. Dennis inherited the property from her parents around 2002.
The property is on Weir Road, a dirt road also known as County Road 94. The complaint alleges that a Washington County roadwork project began in September 2021 to widen Weir Road to accommodate a subdivision that had been approved to be developed about one mile west of Dennis' property.
The complaint claims that, around that same time, the county entered the property and removed Dennis' mailbox, fence, culverts, and trees, and conducted dirt excavation and grading, as well as parked trucks and equipment on her property.
The county allegedly took around 25 feet of Dennis' property on both sides of Weir Road.
No easement has ever been recorded against the property other than one related to natural gas in 1978, and Washington County was aware of that, Dennis' counsel argues.
According to the complaint, there was no easement authorizing taking Dennis' property. However, Washington County presented several easements for her to sign, presented in February, March, and October 2021, but it's unclear in the filing whether Dennis signed those easements or not.
The county then refused to compensate Dennis for the easements, and continued taking her property, causing damage and soil erosion, the complaint alleges.
The suit goes on to allege that on Feb. 20, 2024, Dennis told Ozarks Electric that it didn't have an easement to access the property and that a day later, John Doe 1 began to "clear trees and branches, install larger poles, install larger power lines, and install other facilities on the north side of the property along Weir Road to accommodate the new subdivision."
The complaint alleges that Ozark Electric didn't offer to compensate Dennis and is continuing to enter and work on her property despite the company allegedly acknowledging it didn't have an easement.
The lawsuit says that Ozarks Electric plans to take a 30-foot corridor of the property running along the north side of Weir Road, about a half-acre of her property.
Dennis claims that the defendants' actions violated the Fifth Amendment, converting around three-quarters of her land to widen the road for the benefit of the public. The complaint notes that Washington County "never initiated a condemnation proceeding" or "never made a good faith offer to compensate plaintiff for the property taken."
The suit alleges the defendants trespassed on her property without permission, authorization, or notice, and continue to do so, and that the resulting action by the county has "caused the entranceway to plaintiff's field road to be impassable."
The suit also claims that the property taken from her will be used by Ozarks Electric to generate revenue unjustly.
Now, Dennis is asking for a jury trial to settle the matter, with the hopes of a judge declaring a permanent injunction, although what the injunction is for isn't clear.
Additionally, the lawsuit asks for damages for trespassing, unjust enrichment, and inverse condemnation, as well as for a court order requiring the removal of trespass and restoration of Dennis' land. Also included is an award for actual damages, for attorney's costs and fees, as well as punitive damages for the defendant's "intentional and willful and wonton trespass."
5NEWS has reached out to Ozarks Electric, Washington County, and Lisa Dennis' legal counsel. Dennis and the county have not yet responded.
Ashley Harris, the Vice President of Marketing and Communications at Ozark Electric, told 5NEWS that the company has been communicating with Dennis throughout the entire process and that a mutual agreement is anticipated soon.
On March 5, Judge Beth Storey Bryan recused herself from this case. A day later, Judge Mark Lindsay also recused himself from assignment to this case.
Watch 5NEWS on YouTube.
Download the 5NEWS app on your smartphone:
Stream 5NEWS 24/7 on the 5+ app: How to watch the 5+ app on your streaming device
To report a typo or grammatical error, please email KFSMDigitalTeam@tegna.com and detail which story you're referring to.