Fort Smith, ARK – A lawsuit filed on January 3 alleges that Tontitown Mayor Angela Russell improperly used taxpayer money to hire private legal representation in a legal battle against the expansion of the Eco-Vista landfill. The suit, filed by attorneys Joey McCutchen and Stephen Napurano on behalf of Washington County resident Mick Wagner, accuses both the mayor and the city of Tontitown of violating state law by using public funds for private purposes.
The lawsuit centers around a claim that the city paid for legal services provided by the Richard Mays Law Firm, which represented a group of 18 property owners, including Mayor Russell, in opposing the landfill expansion. The group filed a request for an adjudicatory hearing with the Arkansas Commission on Pollution Control and Ecology (APCEC) in April 2023, challenging the Arkansas Department of Energy and Environment’s decision to grant a permit for the landfill’s expansion.
According to the lawsuit, the city council did not approve any legal work by the Mays firm in connection with the landfill litigation. However, an invoice dated July 6, 2023, reveals that the city paid $15,079.95 for legal services, including strategy meetings, discovery responses, and depositions. The lawsuit asserts that this work was done exclusively for the benefit of the group of 18 residents and not for the city itself, raising questions about the misuse of taxpayer dollars.
At the heart of the lawsuit is the allegation that Russell, as a member of the group of 18, improperly blended her personal legal interests with her role as mayor. The lawsuit claims that because Russell lives near the landfill, she has a direct financial interest in opposing the expansion. This, the plaintiffs argue, presents a clear conflict of interest and a violation of the Arkansas Constitution, which prohibits the use of public funds for private purposes.
The case does not take a position on the legal challenges to the landfill expansion but focuses on the alleged misuse of city funds. The lawsuit aims to prevent further taxpayer money from being spent for private legal representation and to hold accountable those responsible for the payments.
The city of Tontitown passed a resolution in January 2023 opposing the landfill expansion, and Russell was authorized by the city council to engage legal services through the Noland Law Firm. However, the legal work performed by Richard Mays Law Firm, which was later billed to the city, was not authorized by the council, according to the lawsuit.
Russell’s involvement in the case, both as a representative of the city and as a private individual, has raised concerns about the potential blending of public and private interests. The plaintiffs argue that this could set a dangerous precedent and could be seen as an abuse of power.
The lawsuit is currently pending, and the outcome could have significant implications for how public funds are used in local legal battles. If successful, it could prevent the city from continuing to pay for private legal expenses, potentially limiting the scope of mayoral or city involvement in personal legal matters.