Lawyers for a Clinton landowner ordered to tear down his dam have filed a complaint and petition for judicial review in Van Buren County Circuit Court.
Dan Eoff, best known for his annual National Chuckwagon Races, was ordered July 17 to hire an engineer to submit plans for tearing down the dam that was built with no permits in waters designated as a floodway. The work could cost as much as $750,000, according to the complaint.
The filing says the Arkansas Natural Resources Commission, which ordered the dam be removed, "exceeded its statutory authority, acted in violation of Arkansas Law as well as in violation of the United States and Arkansas constitutions, and deprived the plaintiff of a fair and proper hearing of his case."
The complaint alleges that the Natural Resources Commission held a meeting on July 16 that Eoff and his lawyers were not permitted to attend. The filing says that at that meeting, "at least one expected hearing witness … attended the meeting and is reported to have advocated for the removal of the plaintiff’s pond dam." The dam was erected in July 2012.
At the July 17, 2013, hearing, the commission accepted the findings of its staff and ordered that the dam be professionally removed. It gave Eoff until Oct. 1 to make substantial progress or face a $10,000 fine.
The complaint, filed by the Banks Law Firm in Little Rock, asks that the judge reverse and vacate the commission’s decision.