Coleman Bass Construction, LLC And Big Hammer Contractors, LLC v. the City of Bentonville City Council of the City of Bentonville And Stephanie Orman, in Her Capacity as Mayor
2022 Ark. App. 115
Ark. Ct. App.2022Background
- CBC (Coleman Bass Construction and Big Hammer Contractors) obtained a building permit for 1800 NW Mystic Ave in April 2017; a foundation wall collapsed in Aug. 2017 and was repaired by Dec. 2017, but construction remained slow or stagnant.
- The City issued multiple notices of violation (May 2018; May 2019) citing tall grass, construction debris, unsightly/unsanitary conditions, and warned of condemnation; Resolution 5-28-19E set a July 23, 2019 hearing.
- Bass was served by certified mail; Coleman’s certified mailing was returned and the City posted the resolution at the site per code; Coleman attended the July 23 hearing.
- On July 23 the City Council adopted Resolution 7-23-19A condemning the structure as a nuisance and gave CBC 30 days to remove materials or the City would do so; CBC sought circuit-court review.
- The circuit court affirmed the City, finding notice and service complied with the Bentonville Property Maintenance Code, CBC had an opportunity to cure, and CBC did not adequately abate the nuisance; CBC appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Resolution 7-23-19A is a final, appealable order | Not final because it left 30 days for rehabilitation and no conclusive determination of rights | Resolution condemned the structure and fixed CBC's 30-day right to remove its property, so rights were resolved | Final and appealable — order conclusively addressed rights to the nuisance materials |
| Whether Resolution 5-28-19E gave adequate description of violations | Resolution lacked specific findings describing the violations | Resolution described collapsed foundation, unfinished construction, and debris — sufficient under code | Adequate — resolution specified the violating conditions |
| Whether service of notice complied with code requirements | Service was insufficient (mail returned for Coleman; allegedly no proper service) | Certified mail to Bass and posting at property (when Coleman’s mail returned) complied with §§107–108 | Service complied with code (certified mail + posting) |
| Whether CBC abated the nuisance within allotted time | CBC cleaned and pursued repairs; argued it remedied violations | City inspectors and council found work stagnant and debris remained; cleanup minimal/tardy | CBC failed to prove compliance/abatement in required period; condemnation affirmed |
Key Cases Cited
- Robinson v. Murphy, 601 S.W.3d 450 (standard of review for civil bench trials)
- Jacobs v. Collison, 505 S.W.3d 254 (definition of a final order)
- McGann v. Pine Bluff Police Department, 974 S.W.2d 462 (nonfinal order where required findings were missing)