City of Fort Smith v. Carter

Annabelle Clinton Imber, Justice.

The instant appeal arises out of a dispute as to whether a circuit court can award attorney’s fees to a mortgagee of condemned property taken by eminent domain, under Arkansas Code Annotated § 18-15-605 (b) (Repl. 2003). Two years ago, we heard a previous appeal of the same matter in City of Fort Smith v. Carter, 364 Ark. 100, 216 S.W.3d 594 (2005). Upon remand, the circuit court ordered the City of Fort Smith to pay attorney’s fees to J.D. and Mary Lois Carter, the owners in possession of the condemned property, and Lee and Patricia Hackler, the mortgagees of…