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Court of Appeals rules for Verkamps Thursday, Aug 31, 2006 Arkansas News Bureau LITTLE ROCK - The Arkansas Court of Appeals on Monday ordered a new hearing in a legal battle over the surface and mineral rights to a piece of Franklin County property owned by a state legislator. The property is owned by state Rep. John Paul Verkamp, R-Charleston, and his wife Darla. Floyd E. Sagely Properties, Ltd., is the operator of a gas well located on the property. In 2002, Verkamp filed a lawsuit seeking payment of royalties from Sagely. The complaint said Verkamp owned both the surface and mineral rights and that Sagely was not paying the royalties to Verkamp. Franklin County Circuit Judge John Patterson later granted Sagely's motion for summary judgment without a hearing. Verkamp appealed, arguing there was a three-year statute of limitations that barred the challenge to his 1976 quiet-title decree on the property. He said the court incorrectly disregarded the quiet-title decree without any evidence establishing that the prior decree was based on insufficient evidence. The Court of Appeals said Wednesday that there should have been a ruling on the 1976 quiet-title decree. The quiet-title decree contains findings that service was proper, and Sagely has not presented specific proof" to the contrary, the court ruled. |
