A petition to the courts against the Ozark Acres Suburban Improvement District et al (SID), Alisa Black (as Sharp County Clerk), (Judge) Gene Moore, (Tax Collector) Charlotte Ratliff, (Sheriff) Mark Counts and the Arkansas Department of Transportation was filed in Sharp County Circuit Court Oct. 3.
The petition is a request for a writ of mandamus which by definition, is “an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion”.
Filed by Joseph and Heidi Hall on “behalf of themselves and other class members comprised of property of property owners and taxpayers who own property within Ozark Acres… are bringing this suit for a writ of mandamus to prevent ‘illegal tax exactions’ through the subsequent levy of annual operation and maintenance taxes after the assessment of benefits was exhausted; and to prevent the misapplication of public funds: and for the recovery of the ‘illegal exaction of public funds’ wrongly paid to public officials for law enforcement services; and to compel various government officials to perform an act or omit to do an act where such performance or omission is enjoined by law,” the petition states.
The 343-page petition cites claims from the Halls of misspending, failure to maintain and other issues.
In the Relief Requested, 14 requests are cited including: an order requiring the board of commissioners for the SID and the Arkansas Department of Transportation to perform any such action as may be necessary to secure any and all public contribution funds for these districts as an improvement of a part of the public roads of the state in which the state has interest and finding such the performance is enjoined by law; an order requiring Sharp County Judge Gene Moore to turn over the portion of the road tax, as may be just and equitable or any portion of the automobile or gas tax as appropriate; an order requiring Moore, the Sharp County Road Department and SID to jointly seek state and federal funds to repair all impassable or otherwise hazardous roads in Ozark Acres; an order for Moore to appoint an administrator over the SID; an order to prevent action or collection be taken on the 2023 levy of benefits if the total 1980 assessments is exhausted and the ‘total levy shall in no case exceed the value of the benefits assessed on the property with interest’; an order requiring Sharp County Sheriff to end their contract and refund all monies collected from the SID for law enforcement services and more.
The suit has been assigned to Circuit Judge Rob Ratton, no court date has been set at this time.
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