Herndon v. Flowers et al

Filing 125

AGREED FINAL JUDGMENT. Signed by Judge Brian S. Miller on 2/1/2012. (dmn)

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D~TRI~NSAS

EASTERN

FEB 01 2012

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DEPC

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION

PLAINTIFF

BRIAN A. HERNDON

vs.

NO. 2:06-CV-00180-BSM

RICHARD B. FLOWERS, SR.,
D.C. (DUTCH) PARKER, RICHARD
B. FLOWERS, JR., DAVID MATTSON
GREGORY FLOWERS, CAMPBELL
FLOWERS MELTON, PLANTERS OIL
MILL, ET AL.

DEFENDANTS

AGREED FINAL JUDGMENT
The Court, after a review of the pleadings filed in the above styled and
numbered action, and after hearing various witnesses of the Plaintiff and some of
the witnesses of the Defendants (limited to Richard B. Flowers, Sr., D.C. (Dutch)
Parker, Richard B. Flowers, Jr., David Mattson Gregory Flowers, Campbell Flowers
Melton and Planters Oil Mill, as the other Defendants have previously settled) at a
bench trial held November 14 and November 15, 2011 in the Courthouse in Helena,
AR, has been advised that the parties reached an agreement for the settlement and
disposition of this case, and said parties, based upon the pleadings filed herein, and
the evidence presented, have stipulated, and the Court having heard said testimony
and reviewed said pleadings hereby makes the following findings of fact:
(1)

Part of Sections Twenty-Two (22) and all of fractional Twenty-Three (23),

Township Two (2) North, Range Six (6) East, Lee County, Arkansas eroded and
washed into the Mississippi River.

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(2)

No islands now exist nor have previously existed in the area of Sections

Twenty-Two (22) and Twenty-Three (23), Township Two (2) North, Range Six (6) East,
Lee County, Arkansas since 1823.
(3)

The state line between the States of Arkansas and Mississippi is the

current live thalweg of the Mississippi River as it exists today with regard to the area
near and around Section Two (2), Township Four(4) South, Range Twelve (12) West,
Tunica County, Mississippi, as more particularly indicated on the attached Exhibit
1 which is incorporated herein.
(4)

The Deeds (as defined below) issued by the State of Arkansas and by

the Board of Directors of the St. Francis Levee District to the Plaintiff, Brian A.
Herndon, are void. Any property described in the Deeds is not located in the State
of Arkansas. The Deeds are defined as follows:
(A)

Limited Warranty Deed No.161741 from Mark Wilcox, Commissioner of

State Lands within and for the State of Arkansas, to Brian A. Herndon, dated May 17,
2006 and recorded in the Lee County Circuit Clerk's Office on May 22, 2006 as
Document No. 200601411.
(B)

Limited Warranty Deed No. 161741 from Mark Wilcox, Commissioner of

State Lands within and for the State of Arkansas, to Brian A. Herndon, dated July 13,
2006 and recorded in the Lee County Circuit Clerk's Office on July 18, 2006 as
Document No. 200601747.
(C)

Quitclaim Deed from the Board of Directors, St. Francis Levee District

to Brian A. Herndon, dated July 6, 2009 and recorded in the Lee County Circuit
Clerk's Office on July 7, 2009 in Deed Book 2009 at Pages 2532-2533.
(5)

With regard to this litigation, the States of Arkansas and Mississippi

have both been advised that it is pending and invited to participate. It is noted by
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the Court that both the State of Arkansas and the State of Mississippi decline to
participate in this litigation.
NOW THEREFORE, based on the above and foregoing, the Court hereby
orders as follows:
1.

Part of Sections Twenty-Two (22) and all of fractional Twenty-Three (23),

Township Two (2) North, Range Six (6) East, Lee County, Arkansas eroded and
washed into the Mississippi River, and as no islands now exist nor have previously
existed in the area of Sections Twenty-Two (22) and Twenty-Three (23), Township
Two (2) North, Range Six (6) East, Lee County, Arkansas since 1823, the state line
between the States of Arkansas and Mississippi is the current live thalweg of the
Mississippi River as it exists today with regard to the area near and around Section
Two (2), Township Four (4) South, Range Twelve (12) West, Tunica County,
Mississippi, as more particularly indicated on the attached Exhibit 1 which is
incorporated herein (and therefore, ownership of all of Section Two (2), Township
Four (4) South, Range Twelve (12) West, Tunica County, Mississippi is confirmed in
the Defendants.)
2.

The Deeds (as defined above in Paragraph 4) issued by the State of

Arkansas and the Board of Directors of the St. Francis Levee District to the Plaintiff,
Brian A. Herndon, are void. Any property described in the Deeds is not located in
the State of Arkansas.
3.

All parties shall bear their own cost associated wit~!..this matter.

SO ORDERED AND ADJUDGED, this the

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r--.e.\o r ..:I

Brian S. Miller, Judge
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day of December:, 201+.

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P il Hi y
Attorney for efendants
Supreme Court No.: 66031

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SCALE IN FEET
300

200

100

0

300

PLAT SHOWING SECTION 2 (WITH
ACCRETIONS) IN TOWNSHIP 2
SOUTH, RANGE 12 WEST,
TUNICA COUNTY, MISSISSIPPI

THIS PLAT WAS DRAWN FROM AVAILABLE INFORMATION
AND DOES NOT REPRESENT AN ON-THE-GROUND
SURVEY.
THE POSITION OF THE ARKANSAS-MISSISSIPPI STATELINE
SHOWN WAS TAKEN rROLl NATIONAL GEODETIC SURVEY
{NGS) QUADRANGLE MAPS.
THE ORDINARY HIGH WATER LINE IS THE
JURISDICTIONAL BOUNDARY OF THE PUBUC DOMAIN AND
RIPARIAN BOUNDARY OF FRACTIONAL SECTIONS.

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DECEMBER 2011

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