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Neutral Court Opinion Apr 07, 2026

cHRISTINA CENTOFANTE, ROGER HENLEY, BARBARA ANN HENLEY, SCOTT STUBENRAUCH, CHERYL STUBENRAUCH, STANLEY BUTSKI, NOELLE BUTSKI, JOHN KILLINGSWORTH, CHERYL KILLINGSWORTH, HEATH HENDERSON, MARY KATHERINE HENDERSON, DONALD ROBERT HUDSON, BRIDGET HUDSON, DALE MCDANIEL, TONYA MCDANIEL, CLAYTON MOORE, MIRANDA MOORE, RANDALL VAN DEN BERGHE, CYNTHIA VAN DEN BERGHE, AND PINNACLE MOUNTAIN COMMUNITY COALITION v. RICK FERGUSON; PARADISE VALLEY, LLC; WATERVIEW ESTATES, LLC; WATERVIEW MEADOWS, LLC; WATERVIEW ESTATES PHASE III, LLC; WATERVIEW ESTATES PHASE VI AND VII, LLC; AFF HOLDINGS, LLC; THE PULASKI COUNTY PROPERTY OWNERS MULTIPURPOSE IMPROVEMENT DISTRICT NO. 2021-2; CAPITAL CITY PROPERTY HOLDINGS, LL

── cHRISTINA CENTOFANTE, ROGER HENLEY, BARBARA ANN HENLEY, SCOTT STUBENRAUCH, CHERYL STUBENRAUCH, STANLEY BUTSKI, NOELLE BUTSKI, JOHN KILLINGSWORTH, CHERYL KILLINGSWORTH, HEATH HENDERSON, MARY KATHERINE HENDERSON, DONALD ROBERT HUDSON, BRIDGET HUDSON, DALE MCDANIEL, TONYA MCDANIEL, CLAYTON MOORE, MIRANDA MOORE, RANDALL VAN DEN BERGHE, CYNTHIA VAN DEN BERGHE, AND PINNACLE MOUNTAIN COMMUNITY COALITION v. RICK FERGUSON; PARADISE VALLEY, LLC; WATERVIEW ESTATES, LLC; WATERVIEW MEADOWS, LLC; WATERVIEW ESTATES PHASE III, LLC; WATERVIEW ESTATES PHASE VI AND VII, LLC; AFF HOLDINGS, LLC; THE PULASKI COUNTY PROPERTY OWNERS MULTIPURPOSE IMPROVEMENT DISTRICT NO. 2021-2; CAPITAL CITY PROPERTY HOLDINGS, LL ── Court: Court of Appeals of Arkansas Date: March 11, 2026 Category: General Cite as 2026 Ark. App. 172 ARKANSAS COURT OF APPEALS DIVISION III No. CV-23-840 Opinion Delivered March 11, 2026 CHRISTINA CENTOFANTE, ROGER HENLEY, BARBARA ANN HENLEY, APPEAL FROM THE PULASKI COUNTY SCOTT STUBENRAUCH, CHERYL CIRCUIT COURT, FOURTH DIVISION STUBENRAUCH, STANLEY BUTSKI, [NO. 60CV-22-6659] NOELLE BUTSKI, JOHN KILLINGSWORTH, CHERYL HONORABLE HERBERT WRIGHT, KILLINGSWORTH, HEATH JUDGE HENDERSON, MARY KATHERINE HENDERSON, DONALD ROBERT HUDSON, BRIDGET HUDSON, DALE MCDANIEL, TONYA MCDANIEL, CLAYTON MOORE, MIRANDA MOORE, RANDALL VAN DEN BERGHE, CYNTHIA VAN DEN BERGHE, AND PINNACLE MOUNTAIN COMMUNITY COALITION APPELLANTS V. RICK FERGUSON; PARADISE VALLEY, LLC; WATERVIEW ESTATES, LLC; WATERVIEW MEADOWS, LLC; WATERVIEW ESTATES PHASE III, LLC; WATERVIEW ESTATES PHASE VI AND VII, LLC; AFF HOLDINGS, LLC; THE PULASKI COUNTY PROPERTY OWNERS MULTIPURPOSE IMPROVEMENT DISTRICT NO. 2021-2; CAPITAL CITY PROPERTY HOLDINGS, LLC; AND PULASKI COUNTY, ARKANSAS APPELLEES REVERSED AND REMANDED STEPHANIE POTTER BARRETT, Judge This appeal presents a property-related dispute involving many parties. The appellants captioned above we collectively refer to as the “Coalition” in this opinion, and we refer to the appellees collectively as the “Ferguson Appellees.” The Coalition appeals a Pulaski County Circuit Court order dismissing their complaint against the Ferguson Appellees for lack of subject-matter jurisdiction. On appeal, the Coalition argues the circuit court erred (1) in finding it does not have subject-matter jurisdiction under article 7, section 28 of the Arkansas Constitution because their complaint “is founded in exclusive county- related matters”; and (2) by entering an order transferring the case to Pulaski County Court after finding it did not have subject-matter jurisdiction of the complaint. This is the second time this case has come before us. We previously issued an opinion, Centofante v. Ferguson, 2025 Ark. App. 303 (Centofante I) on May 14, 2025. There, we reversed the circuit court’s decision to transfer the case to county court instead of retaining jurisdiction over the complaint. Ferguson then petitioned the Arkansas Supreme Court for review on June 10, 2025. On January 29, 2026, the Supreme Court generated review and entered a docket entry that decided the petition as follows: “Petition for review granted; court of appeals opinion vacated; remanded to the court of appeals. Baker, C.J., and Hudson, J., would deny.” The Clerk of Court issued an order to the same effect the same day. No additional information, official directive, or guidance was presented to this court. In other words, no “vertical precedent” was presented. See Bryan A. Garner et al., The Law of Judicial Precedent 27 (Thomson Reuters 2016). We again reverse and remand. On December 21, 2021, the Pulaski County Planning Department issued a preliminary plat to the Ferguson Appellees for the development of a single-family 2 subdivision named Paradise Valley located in Roland, Arkansas. The Paradise Valley subdivision includes a twenty-acre tract of land located south of Roland Cut Off Road, a county road that is owned by Paradise Valley, LLC, and is intended to be the first phase of a seventy-six-residence subdivision. On September 26, 2022, the Coalition filed a complaint alleging that the Ferguson Appellees’ development of Paradise Valley subdivision caused a public nuisance, a private nuisance, diversion of water onto the plaintiffs’ property, and negligence. The Coalition argues that increased stormwater runoff from the Paradise Valley subdivision causes flooding on their properties and on Roland Cut Off Road. The Coaliti
CourtListener · Mar 11, 2026
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