City of Dover v. City of Russellville

Jim Hannah, Chief Justice.

The City of Dover appeals a judgment of the Pope County Circuit Court entering an injunction prohibiting construction of a sewage treatment plant and operation of that plant upon completion. We affirm, holding that Dover’s construction of a sewage treatment at the proposed site (the Dover Tract) constitutes a public nuisance as a matter of law as defined in Ark. Code Ann. § 14-268-105 (Repl. 1998). Dover argues that its power of eminent domain trumps the City of Russellville’s police power in regulating land use, thereby freeing it from compliance with Russellville’s…