LANG PROPERTIES, LLC v. MICHAEL GROBER, HIS HEIRS AND ASSIGNS; THE CITY OF FORT SMITH, ARKANSAS; SEBASTIAN COUNTY, ARKANSAS; AND ANY PERSON, ENTITY OR ORGANIZATION CLAIMING ANY RIGHT, TITLE, INTEREST OR OWNERSHIP IN THE REAL PROPERTY LOCATED AT SECTION 33, TOWNSHIP 08N, RANGE 32w, aCREAGE 0, lOT 152, SOUTHBROOK ADDITION TO THE CITY OF FORT SMITH, ARKANSAS
── LANG PROPERTIES, LLC v. MICHAEL GROBER, HIS HEIRS AND ASSIGNS; THE CITY OF FORT SMITH, ARKANSAS; SEBASTIAN COUNTY, ARKANSAS; AND ANY PERSON, ENTITY OR ORGANIZATION CLAIMING ANY RIGHT, TITLE, INTEREST OR OWNERSHIP IN THE REAL PROPERTY LOCATED AT SECTION 33, TOWNSHIP 08N, RANGE 32w, aCREAGE 0, lOT 152, SOUTHBROOK ADDITION TO THE CITY OF FORT SMITH, ARKANSAS ──
Court: Court of Appeals of Arkansas
Date: May 06, 2026
Category: General
Cite as 2026 Ark. App. 281
ARKANSAS COURT OF APPEALS
DIVISIONS I & II
No. CV-25-68
Opinion Delivered: May 6, 2026
LANG PROPERTIES, LLC
APPELLANT APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT, FORT
SMITH DISTRICT
V. [NO. 66FCV-23-1066]
MICHAEL GROBER, HIS HEIRS AND HONORABLE R. GUNNER DELAY,
ASSIGNS; THE CITY OF FORT JUDGE
SMITH, ARKANSAS; SEBASTIAN
COUNTY, ARKANSAS; AND ANY
PERSON, ENTITY OR
ORGANIZATION CLAIMING ANY
RIGHT, TITLE, INTEREST OR
OWNERSHIP IN THE REAL
PROPERTY LOCATED AT SECTION
33, TOWNSHIP 08N, RANGE 32W,
ACREAGE 0, LOT 152,
SOUTHBROOK ADDITION TO THE
CITY OF FORT SMITH, ARKANSAS AFFIRMED
APPELLEES
CASEY R. TUCKER, Judge
Lang Properties, LLC (“Lang Properties”), appeals the circuit court’s order entered
on October 8, 2024, granting in part and denying in part its motion for summary judgment.
The circuit court found that Lang Properties was entitled to a fee simple title in the property
subject to certain liens of the City of Fort Smith (“City”) and Sebastian County, Arkansas
(“County”). On appeal, Lang Properties argues that the City and County liens were
extinguished and that Lang Properties is entitled to a fee simple title without encumbrances.
We affirm.
I. History
On January 20, 2021, Lot 152 of the Southbrook Addition to the City of Fort Smith
(the “Property”) was certified by the Sebastain County Collector (“County Collector”) to
the Arkansas Commissioner of State Lands (“Commissioner”) for nonpayment of property
taxes for 2018–2021.1 On July 11, 2023, Caleb Lang (“Lang”) was the successful bidder,
paying $71,000 for the Property at a tax sale conducted by the Commissioner. Lang obtained
a limited warranty deed from the Commissioner, which was filed July 28.2 As part of the
sale of the Property, the Commissioner performed a lien search. The search revealed that
between April 2019 and August 5, 2021, the City performed clean-up work on the Property
on four occasions, which resulted in four liens being filed with the County Collector
pursuant to Arkansas Code Annotated section 14-54-904(a)(2)(A) (Supp. 2025). The four
liens are as follows: (1) recorded May 6, 2019, for $198.79 (work done April 19, 2019); (2)
recorded December 14, 2020, for $199.44 (work done October 8, 2020); (3) recorded June
28, 2021, for $211.01 (work done June 16, 2021); and (4) recorded August 23, 2021, for
$184.55 (work done August 5, 2021) (collectively, “Disputed Clean-Up Liens”).3
1
Arkansas Code Annotated section 26-37-101(b) (Repl. 2020) provides that “[t]he
county collector shall hold all tax-delinquent lands in the county for one (1) year after the
date of delinquency, and, if the lands are not redeemed by the certification date . . . the
county collector shall transmit it to the state by certification, after notice as provided in this
chapter, indicating all taxes, penalties, interest, and costs due and the name and last known
address of the owner of record of the tax-delinquent lands.”
2
Lang quitclaimed his interest to Lang Properties on August 7, 2023.
3
In addition, the City had performed more work on the property immediately before
the sale and recorded the following lien: recorded June 29, 2023, for $2,657.67 (work done
May 30, 2023). Lang asserts that only the Disputed Clean-Up Liens are at issue.
2
On November 13, 2023, Lang Properties filed a complaint pursuant to Arkansas
Code Annotated § 26-38-201 (Repl. 2020) to confirm the tax sale and quiet title naming
as defendants, Michael Grober4 (and his heirs and assigns), the Ci
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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. #}