Supreme Court of Arkansas

City of Benton, Appellant/cross-Appellee v. Alcoa Road Storage, Inc., Appellee/cross-Appellant — Hart, J., Dissenting

March 9, 20172017 Ark. LEXIS 67

Summary

Justice Hart dissented from the majority's interpretation of the eminent-domain costs provision. She would construe “costs occasioned by the assessment” to include attorney's fees and necessary expert-witness fees so that the property owner receives constitutionally required full compensation. Justice Hart would affirm the attorney's-fee award and reverse and remand for determination of recoverable expert-witness fees and related litigation expenses.