Ludwig v. Bella Casa, LLC
2010 Ark. 435
Ark.2010Background
- Appellant Ludwig owns rural residential property in Western Pulaski County with a privately built airstrip for personal use.
- Little Rock Planning and Development Department issued a compliance notice, prompting a Board of Zoning Adjustment hearing.
- Board ruled the airstrip was not an “airport or landing field” and was for private recreational use.
- Appellees filed a Third Amended Complaint in 2007 seeking preliminary and permanent injunction, declaratory relief, and fees.
- Circuit court held a jury trial on de novo appeal from the Board and on nuisance claim, with three special interrogatories submitted to the jury.
- Jury found the airstrip was not an airport/landing field, not for private recreational use, but that it was a nuisance; court granted injunctive relief against airstrip operation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court erred by submitting all issues to a jury | Ludwig argues jury needed only for de novo appeal, not equitable nuisance | Appellees claim jury entitlement on statutory appeal and nuisance | Partially reversed; jury on nuisance improper; de novo appeal properly to jury. |
| Whether appellees were entitled to a jury on the de novo Board appeal | Ludwig contends no jury in statutory de novo appeal | Appellees rely on Ark. Code Ann. § 14-56-425 for jury trial rights | Plain language of § 14-56-425 conveys jury trial for de novo appeals. |
| Whether nuisance claim should have been tried to a jury | Nuisance is equitable; jury should not decide equitable remedy | amend. 80 allows flexible approach and jury may resolve common facts | Nuisance claim should not have been decided by jury; remand for equitable resolution. |
| Whether the circuit court erred in not submitting proffered jury instructions | Requested strict construction and accessory-use definitions were proper | No basis to support those instructions; issues not before Board on appeal | No reversible error; court did not abuse discretion in denying proffered instructions. |
Key Cases Cited
- First Nat’l Bank of DeWitt v. Cruthis, 360 Ark. 528 (Ark. 2005) (jurisdictional allocation after amendment 80; jury trial on related issues must align with equity.)
- St. Paul Mercury Ins. Co. v. Cir. Ct. of Craighead Cnty., 348 Ark. 197 (Ark. 2002) (creation of statutory remedies and scope of jury trials.)
- Harvey v. De Woody, 18 Ark. 252 (Ark. 1856) (equitable relief and nuisance abatement by equity court.)
- Vocque (Manitowoc Remanufacturing, Inc. v. Vocque), 307 Ark. 271 (Ark. 1991) (nuisance as basis for injunctive relief.)