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2014-11-25
CITY-OF-BATESVILLE
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2014-11-25
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Castleberry to contact Mr. Martin Bowen, Attorney for the Southside <br /> Incorporation group, and try to negotiate the removal of the portion of the City's <br /> airport that lies in the proposed incorporated area. If they agreed to remove the <br /> airport, the City would not pursue their pending lawsuit in Circuit Court. Both Mr. <br /> Castleberry and Mr. Hayes said they contacted Mr. Bowen but he said his clients <br /> did not want to release the airport property. Mr. Hayes told the council if they <br /> decided to proceed with the lawsuit they need to know that it will be a slow and <br /> costly process. He did say he thought we have a good chance to win the case <br /> but the council needs to consider their constituents in light of the recent <br /> annexation vote. Mr. Hayes talked about the potential of confusion with <br /> Government Agencies like the FAA and ADEQ when the airport property lies in <br /> two different government agencies and is owned by a third. Mr. Castleberry said <br /> the filing deadline to challenge the Incorporation is tomorrow, November 26th. He <br /> said one option would be to file a complaint in the form of an injunction in Circuit <br /> Court and hope the two sides can come together and work out a settlement. Mr. <br /> Hayes said settlements happen more times than not in court, however, he feels <br /> they have a strong case that the incorporation was not passed correctly and if it <br /> was the council's desire, they are willing to see the matter to the State Supreme <br /> Court. Mr. Vince Gay with the Southside Incorporation group asked to speak. <br /> He said their attorney advised them not to accept the City's offer to remove the <br /> airport from the incorporated area. Mr. Bowen believes that doing so will make <br /> the entire incorporation null and void. Mr. Hayes said he respect's Mr. Bowen's <br /> interpretation of the law but he and Mr. Castleberry do not believe that it would <br />
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