HomeMy WebLinkAboutG-23-484 - Gill & Associates - Opposition 040722 ___________________________________
AARON M. HEFFINGTON | ATTORNEY
EMAIL: HEFFINGTON@GILL-LAW.COM
April 7, 2022
lrzoning@littlerock.gov
Torrence Thrower, Development Specialist
City of Little Rock Planning Department
VIA E-MAIL
Re: 1901 Leander Dr., Little Rock, AR 72204
Petition for abandonment of right of way
Ladies and Gentlemen:
This firm represents James Tice, Trustee of the Robert V. Tice Sr., Living Trust (the “Trust”). The Trust owns Lots 1
through 6 of Block 8 of the Blankenship Addition to the City of Little Rock (the “Property”). It has come to our
attention that Mr. Nicolas Paul Berjot and his wife Aline Andres, through their agent Andrew V. Francis, have
petitioned the City to abandon the right-of-way that currently exists between for 19th Street, east of Leander Drive (the
“Right-of-Way”). This correspondence serves as our client’s objection to the petitioners’ request.
The Right-of-Way serves as the only point of ingress and egress to the Property. To abandon the Right-of-Way would
leave the Property landlocked, severely impacting the Property’s value, working an undue hardship against our client,
and potentially constituting an unconstitutional taking. Abandoning the Right-of-Way would require our client to
petition to establish an easement for ingress and egress—unduly burdening our client with the time and expense of re-
establishing a point of access that already exists.
More importantly, however, Ark. Code Ann. § 14-301-303 provides that the City cannot abandon or vacate the Right-
of-Way without the written consent of the owners of all lots abutting the Right-of-Way. The Property directly abuts
the 19th Street alley portion of the Right-of-Way. See original plat of Blankenship Addition, highlighted and enclosed
herewith. Accordingly, our client’s written consent must be obtained before the City can abandon the Right-of-Way.
Be advised that our client has not and will not provide such consent.
Thank you for your attention in this matter. I will be in attendance on my client’s behalf at the public hearing currently
set for April 14, 2022 at 4:00pm. If you have any concerns or would like to discuss this issue further, please feel free
to give me a call.
Cordially,
Aaron M. Heffington
cc: Monetey Moore via FAX: 501-399-3435
GILL RAGON OWEN, P.A.
ATTORNEYS AT LAW
425 WEST CAPITOL AVENUE, SUITE 3801
LITTLE ROCK, ARKANSAS 72201
TELEPHONE 501.376.3800
FACSIMILE 501.372.3359
www.gill-law.com