Holes in Greenway Prompts Lawsuit

Thursday, May 5, 2016
This lot, located between Highway 49 and Jack Street, is one of the locations where topsoil has been removed, prompting concerns by Greenway citizens.(TD photo/Tim Blair)

The concerns of the citizens of Greenway over the excavation of topsoil from several lots in the city has led to court action. A lawsuit on the matter was filed late last month, and Tuesday morning a temporary injunction was granted after the work reportedly continued.

The temporary injunction was granted Tuesday, May 3, in Clay County Circuit Court in Piggott which prevents further excavation of the properties in Greenway. The lawsuit (CV 2016-32) filed by the City of Greenway seeks to have the digging suspended on six lots in the community.

The properties involved include four lots which belong to Mark Foster and Christian Foster, of Greenway, and an additional two lots belonging to Brian K. Waddell, of Grand Junction, Colo.

In mid-April workers began to dig large holes on the lots in question, prompting inquiries by local residents to mayor Bill McHaffey.

The lots involved include 203 West Davis, 319 Jack Street, 320 State Street, the lot at the corner of Davis and Second, the lot at the corner of First and College and an additional parcel on North Front Street. The Jack Street and State Street lots are the property of Waddell, while the remaining lots are the property of the Fosters.

After receiving several vague explanations concerning the reasons for the effort, a petition was circulated among city residents asking for the work to cease. A total of 88 residents signed the petition, which was included with copies of the pertinent city ordinances when the complaint was filed April 25.

The complaint contends the holes present a health and safety risk to the residents, and cites a variety of violations of city ordinances and state health department regulations.

The summons to appear in court were served on the Fosters on Saturday, April 30, according to records and they were requested to cease work on the project until the matter could be resolved.

During a hearing on the matter Tuesday morning, it was determined enough evidence existed to issue a temporary injunction, prohibiting any further work.

A hearing on the injunction was also scheduled for 9:30 a.m. Friday, May 20, at the eastern district courthouse in Piggott.

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