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Neutral Court Opinion May 10, 2026

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
CourtListener · May 06, 2026
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