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HomeMy WebLinkAboutemails 2012 about ROW lawsuitPage 1 of 1 Malone, Walter From: Mann, Bill Sent: Thursday, September 13, 2012 1:57 PM To: Dawson, Cindy; Loe, Ronny Cc: Bozynski, Tony; Malone, Walter; Carpenter, Tom; Beck, Steve Subject: RE: Frazier Pike abandonment Attachments: Frazier Pike abandonment I was certain there was a piece of litigation filed on that road that was dismissed on May 10, 2011. Assuming that is correct, it cannot be refiled since one year has passed. Bill William C. Mann, III Chief Deputy City Attorney Little Rock, Arkansas (501) 371-4815 bmann@littlerock.org 9/13/2012 Page 1 of 1 Malone, Walter From: Dawson, Cindy Sent: Thursday, September 13, 2012 1:49 PM To: Loe, Ronny Cc: Bozynski, Tony; Malone, Walter; Carpenter, Tom; Mann, Bill; Beck, Steve Subject: Frazier Pike abandonment Ronny — I have spoken with Mark Cain (sp?), 301-8828, from Welspun and advised him that we have checked through our records and any court records we can reasonably anticipate, but that we can find no lawsuit challenging the closing of a portion of Frazier Pike. He told me that unless we advised him that a lawsuit is pending or successfully challenged the abandonment of that portion of Frazier Pike, he intends to close the gate and close that portion of the road. I asked him to contact us if any objector to the closing contacts him and provides evidence of a lawsuit. Cindy 9/13/2012 Malone, Walter From: Mann, Bill Sent: Tuesday, May 08, 2012 2:22 PM To: Malone, Walter Subject: RE: Question about Frazier Pike Law suite Attachments: Question about Frazier Pike Law suite I have determined that the lawsuit was dismissed without prejudice on May 10, 2011, due to inaction by the plaintiff. This means that the plaintiff has one year from the date of dismissal to file another lawsuit pursuant to ACA §16-56-126(a)(1). The year expires at the close of business this Thursday. If a new suit is not filed, you may proceed. I would give it a few days after that before you do anything to make sure. I will check on the computer next week and see if anything was filed. William C. Mann, III Chief Deputy City Attorney Little Rock, Arkansas (501) 371-4815 bmann@littlerock.org IN Question about Frazier Pike La...