Jury Will Determine if Overland Development Company Can Mine Cross Hollows Civil War Site
The Arkansas Supreme Court reversed a grant of summary judgment in Benton County, Arkansas v. Overland Development Co., Inc. 07-613 (11/29/07).
Overland wants to operate a red-dirt mine close to Cross Hollows, the historic site where the Confederate Army camped before the Battle of Pea Ridge. Overland submitted an application to the Benton County Planning Board along with an archaeological survey performed by Randall Guendling. The Guendling report found no Civil War artifacts on the proposed site but did find some 19th century artifacts.
The Planning Board denied the application, which was affirmed by the Benton County Appeal Review Board. Overland appealed to the circuit court, the remedy provided in A.C.A. 14-17-211. At the circuit court, Benton County submitted an affidavit of Jerry Hilliard. He concluded the red-dirt mine would adversely impact Cross Hollows. The trial court granted summary judgment to Overland.
The supreme court reversed because the Guendling report did not entitle Overland to summary judgment. The report did not discuss the effects of the red-dirt mine on Cross Hollows, which was the main issue, and the Hilliard affidavit showed an issue of fact exists for trial. A jury will determine if a red-dirt mine can exist near Cross Hollows.
