October 14, 2009 Edition

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Golf Club appeals decision

Gloria Wilkerson
Staff Writer

The Walnut Ridge Golf Club's attorney, C.W. Knauts of Piggott, has filed an appeal with the Arkansas Court of Appeals, asking that the court reverse Judge Harold Erwin's decision to grant a summary judgment in favor of the Walnut Ridge Regional Airport and the City of Walnut Ridge on June 5.

The summary judgment ordered the golf club to vacate the premises they had leased from the airport and the city and to return the property to its prelease condition within 30 days in order to bring the airport's safety zones into compliance with FAA regulations. The golf course was to be removed at the club's expense.

Knauts filed a Notice of Appeal and Designation of Record on the club's behalf on July 2 and posted a $100,000 bond as required by law. The club and the airport then had 90 days to settle the dispute before the continuation of the appeal.

With no agreement reached, the golf club has made the decision to go ahead with the appeal and is required to have their brief filed by early November.

Airport attorney David Cahoon of Jonesboro said the airport and city's brief will be due 30 days after the golf club's brief filing, which should be in December.

Knauts said it would probably be Christmas before the entire case is submitted. Before the court hears the case, all pleadings from both parties must have been received by the court.

If the court overturns Judge Erwin's decision, the case will then be heard in a trial court.

Knauts said the Court of Appeals may reach a decision sometime in February.

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