JP withdraws from lawsuit against Scout

Carroll County District 11 Justice of the Peace Caroline Rogers has withdrawn as a plaintiff in a lawsuit against the county, she announced at the July meeting of the county quorum court on Tuesday, July 15.

Rogers, who is serving her first term as a JP, was among more than 30 plaintiffs in a lawsuit filed Oct. 1, 2024, in Carroll County Circuit Court by Fayetteville attorney Matt Bishop. The lawsuit alleges several violations of state and federal law in a road use agreement signed by County Judge David Writer and officials with Scout Clean Energy.

Defendants in the lawsuit are Writer, Scout and Nimbus Wind Farm LLC — a subsidiary of Scout.

Rogers, who was elected in November 2024 and took office on Jan. 1, 2025, has been an outspoken critic of Scout’s Nimbus Project, an industrial wind energy project currently under construction near Green Forest.

At the July 15 meeting, Rogers criticized Dave Iadarola, Scout’s project manager for the Nimbus Project, for responding to her invitation to address the quorum court about potential fire and safety hazards related to the project by saying that such inquiries should be directed to Scout’s attorneys.

That prompted a response from Steve Simmons, a deputy prosecuting attorney for the county.

“You can’t ask someone you’re suing to come talk to you and expect their lawyers to allow it,” Simmons said.

Shortly after Simmons’ remarks, Rogers announced that she had withdrawn from the lawsuit, which was transferred to federal court at Nimbus’ request in November 2024.

Rogers’ notice of dismissal from the lawsuit was filed July 19 in U.S. District Court for the Western District of Arkansas.

Later in the quorum court meeting, Rogers continued to press for a more formal process to address grievances presented to the quorum court. County resident Steve Chase has repeatedly asked JPs to respond to his concerns about potential violations of the state fire code in connection with the Nimbus Project, but JPs have responded that responsibility for enforcing the fire code lies with state authorities.

One bright spot in the meeting came with recognition of chief district court clerk Rexanna Lilly, who was recently nominated to serve on the Arkansas Access to Justice Commission. She spearheaded efforts to translate court forms into Spanish, Marshallese, Korean and other languages to better serve non-English-speaking defendants in Carroll County.

“We’ve had over 100 defendants who needed interpreters,” Lillly said. “If they don’t understand the forms, they can’t follow the court’s instructions.”

Lilly’s efforts drew praise from JPs and attendees.

The July 15 meeting was the first for David Blankenship of Eureka Springs, who was appointed by Gov. Sarah Huckabee Sanders to fill the District 1 JP seat that was left vacant earlier this year with the retirement of longtime JP Jack Deaton.

Blankenship, a longtime Eureka Springs resident and business owner, introduced himself later in the meeting, telling fellow JPs: “I’ve been here 29 years… Carroll County has been good to us. I’m just stepping in to fill some big shoes.”

In other business, the court:

• Approved a resolution confirming the appointment of Joe Scott to the Berryville Public Library Board of Trustees to complete the term of Peggy Lodewyks.

• Approved a resolution seeking $24,320 in state grant funding to replace the roof of the Carroll County Health Department building.

• Approved a resolution confirming the reappointment of Chryl Hoyt to a three-year term as commissioner for the Western Carroll County Ambulance District.

• Heard an update on a multimillion dollar upgrade to the county’s emergency communications system, which District 6 JP Craig Hicks said is nearing completion.

The next regular meeting of the Carroll County Quorum Court will be held at 5 p.m. Tuesday, Aug. 19, in the courtroom of the Eastern District Courthouse in Berryville.