Berryville AR, City of v. Latter Day Saints

Filing 19

ORDER granting 18 joint Motion for Disbursement and Dismissal and that the clerk of court transmit a copy of this Order to the Circuit Clerk of Carroll County, Arkansas; further case is dismissed with prejudice. (cc: Circuit Clerk of Carroll Co., AR) Signed by Honorable Jimm Larry Hendren on May 13, 2009. (rw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION CITY OF BERRYVILLE, ARKANSAS, a municipal corporation v. LATTER DAY SAINTS c/o LDS CHURCH TAX ADM ORDER Now on this 13th day of May, 2009, comes on for consideration the parties' Joint Motion For Order Of Disbursement And Dismissal ( do cument #18), and the Court, being well and sufficiently advised, finds that said motion should be, and same hereby is, granted. IT IS THEREFORE ORDERED that the Clerk of Court transmit a copy of this Order to the Circuit Clerk of Carroll County, Arkansas. IT IS FURTHER ORDERED that the Circuit Clerk of Carroll County, Arkansas, pay over to defendant the sum of $75,000.00, with accrued interest, now being held in the Registry of that Court in connection with removed case number CV 2008-120. A check for the proper amount Civil No. 08-3041

PLAINTIFF

DEFENDANT

should be made payable to Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, and should be mailed to defendant's attorney, Robert K. Rhoads, at Hall, Estill, Hardwick, G ab l e , Golden & Nelson, P.C., 75 N. East Avenue, Suite 402,

Fayetteville, AR IT IS

72701-5388. ORDERED that this matter is dismissed with

FURTHER

p re j u d i c e . IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE