City of Siloam Springs, Arkansas, Appellant v. La-De, LLC (s/k/a De-La, LLC); Larry Muruaga and Kathy Muruaga…

Summary

The court held that the governing condemnation statute authorizes attorney's fees only against the State of Arkansas, not against a municipality. Because the City proceeded under its own municipal eminent-domain authority after being substituted for the Highway Commission, it did not assume the Commission's statutory obligation to pay fees, and the trial court's contrary factual finding was clearly erroneous. Justice Hart, joined by Justice Baker, dissented, reasoning that the Commission had acted as the City's agent and that the City remained responsible for liabilities incurred before substitution.