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
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}