Maroney v. City of Malvern

Decision Date31 May 1994
Docket NumberNo. 93-1106,93-1106
Citation317 Ark. 177,876 S.W.2d 585
PartiesThomas E. MARONEY and Larry E. Parker, Appellants, v. The CITY OF MALVERN and AS & GC, Inc., Appellees.
CourtArkansas Supreme Court

Ray Baxter, Karen Virginia Wallace, Benton, for appellants.

Louis L. Loyd, David M. Glover, Mark Roberts, Malvern, for appellees.

HOLT, Chief Justice.

Appellants Thomas E. Maroney and Larry E. Parker appeal the Hot Spring County Chancery Court's findings which: (1) enjoined them from crossing a reserve strip of land to obtain access to the public road known as Southgate Drive, which would provide an access to their property; and (2) dismissed their complaint for injunctive relief and to open a public roadway for appellants' use inasmuch as their lawsuit should have been brought in county rather than chancery court. We decline to reach the merits of this appeal as the trial court order did not cover all of the parties and their respective claims as required by Ark.R.Civ.P. 54(b).

This dispute arose when the mayor of Malvern placed a locked gate at the end of Southgate Drive which appellants claim left them with no means by which to enter upon their lands, thus blocking the ingress and egress to their property. Appellants filed a complaint for injunctive relief against the City of Malvern and James L. Scott, who owned a strip of property some two feet by fifty feet abutting Southgate Drive and adjacent to the appellants' property. Appellants wanted to require them to open the roadway from Southgate Drive across Mr. Scott's property to permit appellants access to their property. The City of Malvern countered by filing an answer to the effect that they had not violated its ordinances and regulations concerning roadways and developments and that the appellants' complaint be dismissed.

Mr. Scott also filed a motion to dismiss, stating that he was no longer titled owner to the reserve strip of property at the end of Southgate Drive in that he had divested himself of ownership interest and that Arkadelphia Sand and Gravel Company ("AS & GC") was record owner. That same day, AS & GC filed a motion to intervene. A few days later, both motions were granted.

In addition to filing its answer in intervention, AS & GC filed a counterclaim and cross-complaint against the City of Malvern, contending that, in light of Ordinance Number 704 forbidding "reserve strips controlling access to land," it was entitled to a judgment declaring that the City of Malvern is equitably estopped from applying its 1973 ordinance relating to "reserve strips." AS & GC further claimed that the City of Malvern was estopped from denying AS & GC the right to complete the sale of remaining unsold lots in compliance with the terms of approval given to the original developer. AS & GC also requested an order restraining and enjoining appellants from trespassing on, over, or through the reserve strip of property at the end of Southgate Drive.

In a second amendment to its counterclaim, AS & GC admitted that it was mistaken in claiming ownership of the reserve strip at the end of Southgate Drive, when, in fact, James L. Scott remained its owner. As a result, Mr. Scott petitioned the court to set the order of dismissal aside, explaining that he had discovered that he did own the reserve strip of land. The motion was denied because the order granting the dismissal was entered more than ninety days earlier.

The City of Malvern also filed a counterclaim against the appellants, Maroney and Parker, asking that they be estopped from getting an injunction granting access across Southgate Subdivision and to its roadways; that the appellants be required to fulfill their obligations in constructing the roadways upon their property according to the master street plan of the City of Malvern; and, that a declaratory judgment be entered against [Maroney and Parker] requiring them to build the roadways in accordance with the street plan.

After reviewing the evidence as well as post-trial briefs and proposed precedents prepared by the parties, Special Chancellor Arnold found, in pertinent part:

(1) That regardless of the contentions of the parties, James L. Scott holds the title to the reserve strip of land, 2' by 50' and his wife holds a dower interest in said land;

(2) That the Plaintiffs have to cross Scott's land to connect to any street of the City of Malvern;

(3) That the Plaintiffs contend they are landlocked and they should have access to the City Streets of Malvern through Southgate subdivision;

(4) That the Plaintiffs have not filed their action in the proper Court....

The Arkansas Supreme Court ruled in Cathryn Chadwick Yates v. Floyd Andrew Sturgis and Vanessa Sturgis, 311 Ark. 617 [618, 846 S.W.2d 633] (1993), that the County Court has exclusive original jurisdiction in this type of situation.

IT IS THEREFORE, CONSIDERED AND ORDERED that the Complaint of the Plaintiffs is dismissed as the County Court has exclusive original jurisdiction in this matter.

Plaintiffs are enjoined from crossing the property of James L. Scott until this matter is heard by the County Court of Hot Spring County.

Although the various claims and counterclaims raised by the parties were, for the most part, litigated, we are concerned that the record is silent on the question of the disposition of AS & GC's...

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  • Fairchild v. Norris
    • United States
    • Arkansas Supreme Court
    • May 31, 1994
    ... ... Hollingsworth, Little Rock, Elaine R. Jones, Richard H. Burr and Steven W. Hawkins, New York City, for appellant ...         Olan W. Reeves, Asst. Atty. Gen., Little Rock, for appellee ... ...
  • McKibben v. Mullis
    • United States
    • Arkansas Court of Appeals
    • November 6, 2002
    ...behind Rule 54(b) is to prevent "piecemeal appeals while portions of the litigation remain unresolved." Maroney v. City of Malvern, 317 Ark. 177, 180, 876 S.W.2d 585, 587 (1994) (citing Reporter's Notes to Ark. R. Civ. P. 54(b)). This case presents just the set of circumstances that Rule 54......
  • Norman v. Norman
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    • Arkansas Supreme Court
    • October 26, 2000
    ...policy against piecemeal appeals. McGann v. Pine Bluff Police Dep't, 334 Ark. 352, 974 S.W.2d 462 (1998); Maroney v. City of Malvern, 317 Ark. 177, 876 S.W.2d 585 (1994). Appellant has failed to comply with Ark. R. Civ. P. 54(b), and the appeal must be dismissed. The order denying costs, ex......
  • Richardson v. Rodgers
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    • Arkansas Supreme Court
    • July 14, 1997
    ...adjudicating the rights of all parties is a jurisdictional issue that we are obligated to raise on our own. Maroney v. City of Malvern, 317 Ark. 177, 876 S.W.2d 585 (1994); State Farm Mut. Auto. Ins. Co. v. Thomas, 312 Ark. 429, 850 S.W.2d 4 (1993). To be final and appealable, an order must......
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