Nevada County Picayune and Gurdon Times Newspaper Archive

Clark County JPs Do Nothing On Courthouse Issue

Offers were tendered, a possible solution was made but no real action was taken by the Clark County Quorum Court Monday night.

In its regular meeting on Aug. 11, the CCQC was offered $400,000 for the old Clark County Courthouse by the city of Arkadelphia. This offer was tendered by City Manager Jim McAlister, who said the city board of directors authorized the move.

City Hall, he informed the county's governing body, is less than 5,000 square feet and houses 30 employees. It is simply too small to accommodate the needs of the city any longer, he said.

McAlister said of all the possible scenarios for the city, the board decided the best was to use the $400,000 it has to try and purchase the courthouse from the county.

He said the city would use the money available for courthouse renovation from the various agencies, including the insurance company, to get the facility functional again.

"We're not talking about the city's money, or the county's money," he said. "We're talking about the people's money. If we work together and can come to an agreement, we can turn the building into a functioning unit the city can use and you'd get $400,000 (to help with the new courthouse)."

McAlister said by doing this the two governing entities would be much closer in proximity, which would be better for the people of the area as both would be making contributions to bring the area back (following the March 1, 1997 tornadoes).

He asked if the building was for sale and, if so, what the terms and conditions would be.

Justice of the Peace Bill Conine asked if the city would be making use of the architectural plans already drawn up for the courthouse renovation project the county once had.

McAlister said the city would work within the limits of what could be done with the old building.

"I've been told it can be salvaged and repaired," he said. "We'll (the city board) need to talk to the architect and see how the plans would fit our needs."

McAlister said the courtroom could be used as a meeting place for the city board, the quorum court, the Arkadelphia Chamber of Commerce and school board, along with being a community room for the general public.

However, once McAlister finished making his request, the court moved on to other business without discussing the possible sale of the courthouse.

There could be a problem with any attempt made to sell the courthouse as the county entered into an agreement with the Arkansas Historical Society which pretty much gave the historians control of the building.

Before the city could acquire the property and building, it will have to check into the legality of how this can be done as the county accepted grant money from the AHS for renovation work.

From the city's request, though, the court went on to hearing from members of the packed house concerning the location of the new courthouse.

Jim Thomas, who's mother lives in the Third and Fourth street area, said there is no way they will agree to sell at the appraised price as his mother has no desire to move from the region. He said there is no reason to dislocate people from this area, and promised to file suit against the county if it attempts to invoke its power of eminent domain.

JP Bill Morman attempted to stop the reading of an appropriations ordinance, which, if passed, would give the county judge authority to proceed with procuring property in the Third and Fourth and Main region of Arkadelphia for the courthouse.

He said the ordinance was in conflict with the law, as it is not the court's responsibility to invoke eminent domain, but is the county judge's.

Morman said county government is broken down into three areas, much like the U.S. government. These areas are the executive, legislative and judicial.

Legislative duties denied to the court include making any laws contrary to state law and condemnation.

It is the executive duties of the county judge, he said, who has custody of all county property along with the right to assign or not assign the use of this property regardless of how it was acquired by the county.

Morman said the Arkansas General Assembly determines the executive powers of a county judge and what is to be performed by him and not the county court.

Runyan, he continued, would have to condemn the property in question by going through the court process. If the quorum court gets involved it would be liable and is not bonded against such lawsuits.

"I'm for anything for the betterment of Arkadelphia and Clark County," he said, "but we need to do things the right way. I don't want to be sued."

Deputy Prosecuting Attorney Taylor King, who is also the county's attorney, said the ordinance in question is an appropriations ordinance and is under the direction of the JPs.

If passed, he said, it would simply give the judge the money to acquire the property for a new courthouse.

"Your fear of being sued is unfounded," King told Morman. "There is no cause of action for you doing your sworn duty."

King said all the court was doing was acting on an appropriation's ordinance so the judge could move forward on the courthouse project. The money, he said, must be approved first before anything can be done.

JP Dot Curry said Runyan should have came before the court with his plans, but didn't.

King responded saying it seems like the court is getting the cart before the horse instead of the horse before the cart where it belongs.

The ordinance, he continued, detailed the properties in question which the county will attempt to acquire for a new courthouse. He said the ordinance he wrote, at the direction of the court, was patterned after Pulaski County's ordinance for a new arena.

"I'm confident this is the proper procedure," he said. "I did the research. You aren't going out and buying any property and you won't be sued. Whoever said you would is misinformed."

Local attorney Travis Mathis, who represents three residents of the Third and Fourth and Main area, also spoke. He said the most important thing is to resolve the matter so people can get on with their lives. "You are the only ones who can decide. My reasons haven't changed, but we need relief."

Mathis said the county should properly compensate those who would be displaced by the condemnation proceedings, but everyone needs to work together to achieve a common goal.

This, he said, can be done without people disliking one another for the final outcome.

Before the issue finally came to a vote, Runyan spoke. He reminded those present in the makeshift courtroom in the old Department of Human Services Building, if he didn't take action on the court's decision he would be guilty of non-feasance of office and could be removed.

He and King bantered with one another over the way the ordinance came into being. Runyan said he had planned to take the recommendation of the site se