Talk:Clarkridge, Arkansas
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Clarkridge, Arkansas is a rural, unincorporated community north of Mountain Home, Arkansas (Baxter County). Clarkridge has a post office. Clarkridge is also home of Don Ware, an individual who is suing the County, claiming he owns their roadways.
From The "Baxter Bulletin":
October 23, 2005
Road suit decided in favor of Baxter County MAGGIE ROTERMUND Bulletin Staff Writer
Circuit Judge John Putman ruled in favor of Baxter County in a suit alleging County Judge Dan Hall and the county illegally took property by declaring it a county road.
Putman, handing down a summary judgment Thursday in Baxter County Circuit Court, said Hall acted within the scope of his authority.
Don and Pat Ware of Clarkridge filed the suit in March, which also named the county Road and Bridge Department as defendants.
According to the suit, Hall declared the entire length of County Road 473 from County Road 38 to its cul-de-sac end to be a public county road on Feb. 17.
Previously, a part of the road was under county control with the remainder a private lane.
The Wares have owned the property along the road since 1969 and claimed in their suit they received no notice from the county.
"In regard to the Wares' argument that they received no notice prior to the County Court issuing its order. The summary judgment evidence reflects that the Wares received notice and due process required by law," the judgment read.
Hall's court order claiming the road used three justifications:
For 18 years, the county road had been designated as a mail route by the Postal Authorities of the United States.
The Baxter County Road and Bridge Department has maintained the gravel road as a county road for a period in excess of 10 years. All roads maintained with public funds are public roads.
The road was used as a school bus route and should school age children again reside on the road or any portion of it, it would again be a school bus route. There are four other property owners along the stretch of CR 473.
Summary judgments are granted only when it is clear there are no genuine issues of material fact, and the moving party is entitled to judgment as a matter of law.
maggier@baxterbulletin.com --Bookandcoffee 20:17, 27 December 2005 (UTC)
