The City of Bentonville filed a lawsuit against the Bentonville/Bella Vista trailblazers and Cooper Realty Investments, Inc., on Wednesday.
The lawsuit seeks a ruling on whether the City of Bentonville is required to rebuild the remnants of the failed dam on Little Sugar Creek, or if they can remove the failed dam, which would go against the wishes of Cooper Realty, according to Greg Van Horn, a member of the Friends of Little Sugar Creek.
“The dam has been classified as a dam that is beyond repair,” Van Horn said. “So, it can’t be fixed. In other words, it’s so damaged that the only way to make it safe would be to reconstruct the dam, which would cost several million dollars. So, the alternative to removing the dam is much less expensive, and this is a non-essential dam.”
Van Horn said the less expensive alternative would be to remove the dam and restore the creek as a natural creek.
No word yet on when a decision will be made on the fate of the dam.