Judge delays decision on HI legal issues

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Holiday Island Mayor Dan Kees is being investigated and going through a hearing in Little Rock under the accusation that he has broken Arkansas code 21-8-304 (a) which states that a government official cannot use their position to gain special privileges or exemptions for themselves, their close family, or those with whom they have a substantial financial relationship unless otherwise permitted by law.

Nine Holiday Island residents filed a lawsuit in the Carroll County Circuit Court claiming there have been alleged discrepancies in the assessment and imposition of the annual levy by HISID. A Jan. 4, 2024, story by ESI’s Becky Gillette explained, “Plaintiffs seek a declaration of the HISID levy as unlawful and unjust, an injunction against future levies until a lawful reassessment is conducted, and relief deemed just and proper by the court.”

A hearing was scheduled for 1 p.m. on Monday Nov. 18, but Matt Bishop, representing HISID claimed he got mixed up and didn’t show up until 2:45 p.m. Judge Scott Jackson and William Hyman, legal counsel for the nine plaintiffs, were aggravated, and Hyman asked to be compensated by the defense for the loss of his time.

 Hyman said that the levy had been calculated wrong and without an assessment, taking into consideration changes to Holiday Island, such as the new sports facility, since the last assessment in 2011.

Lawyers debated for roughly two hours about whether the regulations and standards had been breached and if the case should move to a hearing. Jackson adjourned, saying he would make his decision about proceeding with the case at a later date.

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