Vera Lee Weaver Living Trust v. City of Eureka Springs

Judith Rogers, Judge.

This is an appeal from an order denying appellant’s motion for attorney’s fees and costs that was made when appellee abandoned condemnation proceedings against appellant’s property. Because we agree that the evidence demonstrates a lack of good faith on the part of the condemning authority, we reverse and remand.

On December 2, 1992, appellee, the City of Eureka Springs, filed a complaint, pursuant to Ark. Code Ann. § 18-15-201 (1987), to condemn property owned by appellant, the Vera Lee Weaver Living Trust, that is administrated by Jerold Lee Weaver, the grantor’s son.…