Judge denies preliminary injunction in XNA v. Highfill case

BENTON COUNTY, Ark. (KNWA/KFTA) — The city of Highfill officials have been denied an injunction against the Northwest Arkansas National Airport Authority in its de-annexation lawsuit.

A Benton County judge decided to rule closer in favor of the airport.

On Sept. 18, 2024, Circuit Judge Doug Schrantz wrote in an eight-page filing that he denied the preliminary injunction filed by Highfill against XNA on May 17.

The recent court filing states the Highfill was once known as rural land but is now experiencing “significant growth due to its proximity to the airport and expanding residential development in Benton County.”

The city was relying on the airport tax and it is now affecting bond agreements, they claim. The de-annexation will result in a $1.1 million loss to the city. But the airport claimed it “receives no benefit from these tax dollars because it receives no municipal services from Highfill such as road maintenance, construction, utility infrastructure, police/fire, etc.”

The city claims in its filing that the airport is violating the contracts clause, the doctrine of separation of powers, and balanced budget requirements by de-annexing.

XNA responded to the city’s injunction stating they “erroneously snips both Act 769 and the bond documents into pieces to construct a collage that does not fairly or accurately represent the law and facts before the Court.”

Act 769 was passed in the Arkansas legislature in 2023 and allows regional airports to detach from municipalities.

Highfill claims in court filings that the city will have 32.3 months before the city “runs out of money.”

XNA attorneys have 10 days to respond to the judge’s ruling.

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