Motions hearing set for Table Rock Landing lawsuit
HOLIDAY ISLAND -- A motions hearing on the Table Rock Landing (TRL) vs. Holiday Island Suburban Improvement District (HISID) and Holiday Island Development Corporation (HIDC) lawsuit has been scheduled for Friday, Aug. 24, at 9 a.m. The hearing will take place at the Eureka Springs Courthouse, with Judge Gerald Kent Crow presiding.
TRL is asking for a summary judgment in the suit it filed against HISID and HIDC in November 2011 for what it says are excess assessments levied on time share owners over a period of at least 12 years.
The suit requests $1.9 million in reimbursements.
TRL is claiming its agreement to pay 10 times the regular R-1 single family assessment was an "illegal contract" that was against state law, as it was "non-voluntary" as legally defined.
The suit also questions HISID's recent Assessment of Benefits (AOB) process, saying it violated property owners' constitutional rights by its alleged improper filing.
Though the suit is on behalf of time share owners, its outcome is expected to affect all property owners with lots in Holiday Island, as the AOB changed assessment rates on all lots.
The motion challenges HISID to prove that material questions of fact remain in order to avoid judgment against it.