KRAFTCO
Johnson believes in education’s impact
Hardware & Building Supply
Michael Johnson is proud to work for his alma mater.
» PG 11
Dusty Relics of Arkansas Exploring the East End: The beautiful Marylake Monastery has troubled past.
» PG 12
Daily Record 6711 Cantrell Road• (501) 666-5471
Serving Central Arkansas since 1925.
June 4-10, 2018
www.dailyrecord.us
50¢ | Vol. 65 | No. 23
Arkansas Anecdotes:
A River Rat’s view
Today, the White River is known to many Arkansans who enjoy its waters as a haven for floating, fishing, and boating. But trout are only part of the picture. In the 1930s the lower river was home to Helen Ruth Spence, a young girl who gained fame by killing her father’s murderer. Read more about Spence on page 12. (Photo courtesy of Arkansas Department of Parks & Tourism)
REALTORS
NOTICES
VERDICTS
Little Rock Realtors Association
Find Central Arkansas Records
Verdicts & Settlements
Calendar of Events Calls for Action Local Government Update Welcome New Members PG 3
Law & Government Business & People Real Estate Public Notices PG 6
Baby Stillborn Due to Placental Abruption, Doctor Prevails Defense Verdict PG 15
FIND INSIDE Financial Focus » PG 4
What’s Happening » PG 5 Something To Chew On » PG 11
House to House » PG 15 Critic’s Corner » PG 16
Dave Says ... » PG 17 Games » PG 16-17
Daily Record
2 // June 4-10, 2018
www.dailyrecord.us
Arkansas Civil Rights Heritage Trail joins national Civil Rights Trail by AN G E LITA FALLE R
Victoria Jones
Victoria Jones elected as member at Rose Law Firm Rose Law Firm, a full service business law firm with locations in Little Rock and Fayetteville, has named Victoria Jones as a member of the law firm. Jones, who works in the Little Rock office, advises clients on labor and employment law, regulatory and administrative law, general civil and commercial litigation, and government relations. She earned a Juris Doctorate from the University of Arkansas School of Law and a Bachelor of
Leasing • Management Brokerage • Consulting Specialists in the business of helping businesses with their places of business
Jeff Yates 501.352.3325 Jeff@ARKcire.com www.ARKcire.com
Arts degree in political science from the University of Arkansas. In 2016 and 2017, Mid-South Super Lawyers selected Jones as a Rising Star in employment and labor.
ABOUT ROSE LAW FIRM Founded in 1820 before Arkansas statehood, Rose Law Firm, a Professional Association, is a full service business law firm that focuses on commercial business transactions, complex commercial litigation, state and federal regulatory and administrative law, real estate and environmental law, estate and trust planning and administration, state and federal tax planning and disputes and international law. It is the oldest business of any kind in Arkansas, the oldest law firm west of the Mississippi River and one of the oldest law firms in the nation. For decades, it has been one of the largest law firms in Arkansas. For representative clients or more information, please visit www.roselawfirm.com. Source: Rose Law Firm. v
The Arkansas Civil Rights Heritage Trail, a project of the University of Arkansas at Little Rock’s Anderson Institute on Race and Ethnicity, has been named a part of the new U.S. Civil Rights Trail. “I think it is great that we were ahead of the curve by about seven years and that the rest of the country has finally caught up with us,” said Dr. John Kirk, director of the Anderson Institute. “We are delighted that the people on the trail will be recognized nationally.” The U.S. Civil Rights Trail is a collection of churches, courthouses, schools, museums, and other landmarks, primarily in the Southern states, where activists challenged segregation in the 1950s and 1960s to advance social justice. After former National Park Service Director Jonathan Jarvis encouraged historians to identify surviving landmarks where major events of the civil rights era occurred, Georgia State University found 60 sites. Southern state tourism directors added more than 40 secondary sites. The trail, which includes more than 100 attractions across 14 states, debuted on Martin Luther King Jr. Day, which was also the 155th anniversary of the Emancipation Proclamation. Places where activists successfully sought equal access to public education, public transportation and voting rights comprise many of the locations grouped under the theme “What happened here changed the world.” Established in the summer of 2011, the Arkansas Civil Rights Heritage Trail honors those who made significant contributions
to civil rights in Arkansas. The trail raises public awareness of the long and rich legacy of Arkansas’s civil rights history. “The purpose of the Arkansas Civil Rights Heritage Trail is to remind people of the long and wide history of civil rights in Arkansas, and that it is more than just about the 1957 desegregation of Central High School,” Kirk said. “We wanted to bring attention to the events and people who encouraged civil rights before, during and after the events at Central High.” The trail begins in front of the Old State House Convention Center on Markham Street and will eventually extend to the William J. Clinton Presidential Center and Park. Each honoree’s name is commemorated with a 12-inch bronze marker on the trail and a biography on the trail’s website. New markers are added to the trail each year in a public ceremony that also recognizes civil rights activities of the past and those who work for racial equality today. The ceremonies have honored sit-ins and freedom rides, the desegregation of Little Rock Central High School, the desegregation of downtown Little Rock, and the efforts of professionals in the areas of medicine and healthcare, politics and law, and economic
Photo by Lonnie Timmons
advancement. The 2018 theme honored Gov. Winthrop Rockefeller, who in 1967 became Arkansas’s first Republican governor since Reconstruction. While in office, Rockefeller appointed a number of African Americans to state commissions and departments for the first time. “We will keep going until we run out of space,” Kirk said. “There are still plenty of little known events, organizations and people whose names need to be known and whose stories need to be told.” Source: UA Little Rock Office of Communications v
We are pleased to announce
Carrie Hansen Escrow Officer
Over 23 years of title experience Carrie@PulaskiCountyTitle.com (501) 537-3700 8114 Cantrell Road, Suite 300, Little Rock, AR 72227
Daily Record A newspaper of law and business information
The Daily Record is a fully qualified newspaper to serve as a medium for publishing legal and official notices and advertisements in Pulaski, Saline, Lonoke and Faulkner Counties. Established 1925 Successor to The Daily Legal News © 2018 DAILY RECORD, INC. • ALL RIGHTS RESERVED
www.dailyrecord.us Phone: 374-5103 • Fax: 501-823-9003 PUBLISHED WEEKLY Subscription Rates Yearly – $20 Member of: • Arkansas Press Association • National Newspaper Association • American Court and Commercial Newspapers Inc.
COO – Bobby Burton Publisher – Becca Bona CFO – Robin Hill Accounts Manager – Melissa Miller Executive Editor – Karen Dunphy Data Production – Amy Sherrill Postmaster send address changes to: THE DAILY RECORD • P.O. Box 34007 • Little Rock, AR 72203 Periodicals Postage paid at Little Rock, Arkansas. The Daily Record (USPS-145160) 2020 W. 3rd St., Suite 320 • Little Rock, AR 72205
NOTICE: Material published in The Daily Record is compiled at considerable expense and is for the sole and exclusive use of our subscribers. The contents of The Daily Record may not be republished, resold or reproduced in any manner, in whole or in part without the consent of the publisher. Any infringement may be subject to legal redress. The records contained in The Daily Record are taken from those filed for public record and do not necessarily reflect the financial standing of the parties involved. Care is taken to publish suits, judgments, other documents exactly as they appear in the public record. However, The Daily Record assumes no liability for errors or omissions. Persons who rely solely on these contents do so at their own risk. Any explanation of these items, as well as correction of any erroneous information, will be published upon timely notification by proper correspondence. Publisher shall not be liable for errors in an advertisement, including those with respect to publication of public notice. If there is an error for which the publisher assumes responsibility, that responsibility shall be limited to a single republishing of that advertisement, or for a suitable adjustment on the billing not to exceed the cost of one advertisement. Under no circumstances will any judgment, decree or other matter of public record be knowingly withheld from publication by this newspaper. All subscription payments nonrefundable.
Daily Record
www.dailyrecord.us
June 4-10, 2018 // 3
300 Natural Resources Drive, Little Rock, Arkansas 72205 • (501) 225-1987 CALENDAR OF EVENTS June 5 – YPN @ Cache, 5:30-7:30 p.m. June 7 – New Member Orientation @ LRRA June 11-12 – ARA June Meetings @ Fairfield Bay June 18 – LRRA Board Meeting, noon June 18 – LRRA Legislative Affairs
YPN
LRRA’s YPN group will meet in Little Rock at Cache for happy hour and to support Habitat for Humanity. Please join us June 5 from 5:30-7:30 p.m. Food, beer and wine are sponsored by our wonderful sponsors from 5:30 to 6:30 p.m. and then you are on your own! The entry fee is $5 for LRRA members and $10 Affiliates and guests. Proceeds go to Habitat for Humanity of Pulaski County to help build a home. We’ll see you at our Central Arkansas YPN event! Thank you to our June YPN sponsors!
ARPAC FUNDRAISER
your NRDS number will begin with 1280. If you don’t have it here are some simple ways to find it: Look at the white address label on the cover of YOUR Realtor magazine. Your NRDS number will be there. Check last year’s billing invoice in your Brokers administrative office, it is listed on each billing invoice. Once you have it, write it on the back of your pocket card for safe keeping.
some outcomes could change – especially in some of the extremely close contests. Challengers have 20 days after certification to contest a race. http://results.enr.clarityelections.com/AR/74831/ Web02-state.200881/#/ (Some information for this report was taken from local media reports.)
LRRA is committed to compliance with all state and federal laws, including laws governing fair housing, antitrust and other laws particularly pertinent to real estate. The Little Rock Realtors Association will have in our office brochures from the National Association of Realtors for you to use in your daily business and while counseling your clients. Please feel free to call us at any time to pick up a couple of these brochures.
Want to order Realtor merchandise and receive a discount? Well now you can! Go to the address listed below! lrrarealtorteamstore.com Buy Realtor logo merchandise and save 5 percent using your Little Rock Realtors Association discount code. Enter LRRA under the area marked “Discount Coupon” during checkout at step two of four.
FAIR HOUSING & ANTI-TRUST
LOCAL GOVERNMENT UPDATE
May 2018 The May 22 Primary Election yielded a few surprises and a couple of extremely close races, with 95 percent of precincts now reporting. Voter turnout was at just over 18 percent, down significantly from 38 percent turnout in the 2016 primary. Far-right group Conduit for Action spent heavily in a number of races this primary cycle, from heavily criticizing incumbent Governor Asa Hutchinson, down to involvement in a handful of legislative contests. Notably, only one of those candidates was successful – Representative Dan Sullivan of Jonesboro. When: August 16 As expected, Governor Asa Hutchinson defeated GOP Where: TBD challenger Jan Morgan, with 69 percent of the vote. He will face Democrat Jared Henderson in November. Many have been closely watching the race for the 2nd Congressional District. State Representative Clarke Tucker edged out three Democratic opponents, with 58 percent of the We are in the process of making arrangements for CE vote. tentatively scheduled for Sept. 6, 2018; at St. Vincent’s In the much-talked-about race for Arkansas Supreme Auditorium. Brokers and Agents hours will be taught. Court, there will be a runoff between incumbent CourtPlease save the date! ney Goodson and challenger David Sterling. Goodson garnered 37 percent of the vote, finishing just ahead of Sterling at 34 percent. Judge Kenneth Hixson came in Realtors are required to complete ethics training of third with 28.8 percent. No sitting Supreme Court Justice not less than two hours, 30 minutes of instructional time has lost a re-election bid since at least 1976. within two-year cycles. A new two-year cycle began Jan. Looking at some of the high profile legislative races, 1, 2017. The deadline for this cycle is Dec. 31, 2018. If you Representative Dan Douglas narrowly defeated opponent have completed this training, please be sure to make sure Scott Richardson, winning by just 12 votes. Similarly, LRRA has a copy of your completion certificate. Representative Jana Della Rosa edged out Kendon Underwood by only three votes. In another closely watched Northwest Arkansas race, Representative Jim Dotson beat opponent Gan Nunnaly 54 percent-45.7 percent. In Senate races, Representative Bob Ballinger defeated When Congress is considering legislation that affects Senator Bryan King in the race for Senate District 5. the real estate industry, NAR calls on its members to act. State Representative Matt Pitsch will face Former State Simply by contacting your member of congress through Representative Frank Glidewell in a runoff, to be held in an e-mail or a phone call, you can ensure that your busithree weeks. Glidewell garnered 39.84 percent of the vote; ness remains strong. NAR members join together and Pitsch trailed slightly with 34.58 percent, and Denny Altes speak with one loud, powerful voice. came in third with 25.58 percent. State Representative Go to: http://www.realtoractioncenter.com/realtorJames Sturch defeated Senator Linda Collins Smith with party/act/calls-for-action.html for more information 52.86 percent in the race for Senate District 19. In Central concerning calls for action. Participate in the process Arkansas, Mark Johnson handily defeated Dean Elliott in when you are called! the race for the open seat vacated by Sen. David Sanders, who did not seek re-election. Below is a link to the Secretary of State’s latest results Do you need your NRDS number to pay dues, make a for all federal, state and non-partisan races. Results are reservation, log on to Realtor.org? unofficial until certified. Overseas absentee and military If you joined the Realtors association through LRRA, ballots will be accepted for ten days after the election, so On May 8 LRRA held an ARPAC Fundraiser at the Dust Bowl Lanes Downtown. We had an amazing silent auction, caricature artist and our Realtor members got a little competitive on the lanes! This event had an amazing turn out and we surpassed our fundraising goal! We are so grateful to our amazing affiliate members for their silent auction donations. A huge thanks to Paulette Richie and her committee for organizing such a fun and exciting event.
AUGUST GENERAL MEETING SINCE YOU’RE ASKING ... CONTINUING EDUCATION
CODE OF ETHICS
HAVE YOU PARTICIPATED IN THE NAR AND ARA CALLS FOR ACTION?
NEED YOUR NRDS NUMBER?
Board Officers President: Derick Brooks President Elect: Rick Bertram Treasurer: April Findlay; Secretary: Allison Pickell Past President: Stacy Hamilton; Executive Officer: Libby Sheard
REALTOR TEAM STORE - LRRA DISCOUNT FOR MEMBERS ONLY
WELCOME TO LRRA OUR NEWEST REALTOR MEMBERS
Realtors: Richard Newberg, Aspire Realty Group Heather Stuart, Aspire Realty Group Erick Gotham, Coldwell Banker RPM Group WLR Amanda Wellborn, Danali Real Estate Edgard Ariza, Danali Real Estate Melissa McKee, Excel Realty Group Sabrina Bowman, EXP Realty Group Sabrina Honorable, Fathom Realty AR Chickilah Davenport, Fathom Realty AR Jasmine Harrison, HOM Realty Group Wanda Jones, Innovative Realty Charles Bowen, iRealty Arkansas Alex Clifton, Keller Williams Realty Tracy Marshall, Keller Williams Realty Amanda Parker, Keller Williams Realty Nathan Prince, Keller Williams Realty Nicholas Scroggins, Keller Williams Realty Autumn Smith, Keller Williams Realty Glenmarkus Walker, Keller Williams Realty Leslie Williams, Keller Williams Realty Sherry McBride, Keller Williams Realty Leslie Williams, Mary Stuart Properties Judd Walker, Rock Capital Development LLC Joseph Smith, Rock Capital Development LLC Lashaunda Smith, Standard Listing Realtors Marybeth Dockery, The Charlotte John Co Brandy Jones, The Charlotte John Co Mary Lawrence, NextHome Local Realty Group New Office: Thomas Ferstl, Rock Capital Development LLC Libra Snyder, Conquest Realty Group Wendy Ferguson, NextHome Local Realty Group (SR) LRRA Mission Statement: Little Rock Realtors Association provides its membership the opportunity to enhance Realtor performance through education, technology and integrity. LRRA Vision Statement: Little Rock Realtors Association strives to serve as a voice for local Realtors , encourage a high level of ethics, education and professionalism among its members and to advocate on behalf of the profession. LRRA Core Values: Education, Professionalism, Support of Members, Value to the Membership, Integrity, Property Rights, Voice to lobby and promote, Serve and Support our members and community, Advocacy and Ethics. v
Board of Directors LaKesha Crow, Susan Desselle, Fletcher Hanson, Margaret Bell Hughes, Scott Johnson, Kristen Kennon, Tracy Rice, Robert Richardson, Mutsumi “Mitsy” Tharp, Susan Sutton
Daily Record
4 // June 4-10, 2018
www.dailyrecord.us
BY TOMMY HOWARD
Financial Focus www.edwardjones.com
SAYING ‘I DO’ MIGHT MEAN ‘I CAN’T’ FOR ROTH IRA
J
une is a popular month for weddings. If you are planning on tying the knot this month, it’s an exciting time, but be aware that being married might affect you in unexpected ways – including the way you invest. If you and your new spouse both earn fairly high incomes, you may find that you are not eligible to contribute to a Roth IRA. A Roth IRA can be a great way to save for retirement. You can fund your IRA with virtually any type of investment, and, although your contributions are not deductible, any earnings growth is distributed tax-free, provided you don’t start withdrawals until you are 59-1/2 and you’ve had your account at least five years. In 2018, you can contribute up to $5,500 to your Roth IRA, or $6,500 if you’re 50 or older. But here’s where your “just married” status can affect your ability to invest in a Roth IRA. When you were single, you could put in the full amount to your Roth IRA if your modified adjusted gross income (MAGI) was less than $120,000; past that point, your allowable contributions were reduced until your MAGI reached $135,000, after which you could no longer contribute to a Roth IRA at all. But once you got married, these limits did not double. Instead, if you’re married and filing jointly, your maximum contribution amount will be gradually reduced once your MAGI reaches $189,000, and your ability to contribute disappears entirely when your MAGI is $199,000 or more. Furthermore, if you are married and filing separately, you are ineligible to contribute to a Roth IRA if your MAGI is just $10,000 or more. So, as a married couple, how can you maximize your contributions? The answer may be that, similar to many endeavors in life, if one door is closed to you, you have to find another – in this case, a “backdoor” Roth IRA. Essentially, a backdoor Roth IRA is a conversion of traditional IRA assets to a Roth. A traditional IRA does not offer tax-free earnings distributions, though your contributions can be fully or partially deductible, depending on your income level. But no matter how much you earn, you can roll as much money as you want from a traditional IRA to a Roth, even if that amount exceeds the yearly contribution limits. And once the money is in the Roth, the rules for tax-free withdrawals will apply. Still, getting into this back door is not necessarily without cost. You must pay taxes on any money in your traditional IRA that hasn’t already been taxed, and the funds going into your Roth IRA will likely count as income, which could push you into a higher tax bracket in the year you make the conversion. Will incurring these potential tax consequences be worth it to you? It might be, as the value of tax-free withdrawals can be considerable. However, you should certainly analyze the pros and cons of this conversion with your tax advisor before making any decisions. In any case, if you’ve owned a Roth IRA, or if you were even considering one, be aware of the new parameters you face when you get married. And take the opportunity to explore all the ways you and your new spouse can create a positive investment strategy for your future. Edward Jones, its employees and financial advisors cannot provide tax or legal advice. You should consult your attorney or qualified tax advisor regarding your situation. This article was written by Edward Jones for use by your local Edward Jones Financial Advisor.
IF YOU’RE NOT AT YOUR LAST JOB, YOUR 401(k) SHOULDN’T BE EITHER.
To see why it makes sense to roll your 401(k) to Edward Jones, call today.
Tommy Howard
Financial Advisor .
14309 Cantrell Road Suite 4 Little Rock, AR 72223 501-224-7699
www.edwardjones.com
Member SIPC
Jack Nelson Jones, P.A. is located in Little Rock, Arkansas. Jack Nelson Jones represents a wide range of clients across the state and the nation, including First Security Bancorp, Crews & Associates, Inc., American Fuel Cell and Coated Fabrics Company, Bank of the Ozarks, the University of Central Arkansas, and North Little Rock School District. Some of Jack Nelson Jones’ other more well-known national clients include Mr. Jerry Jones and the Dallas Cowboys Football Club.
Stipanuk v. Williams., 2018 Ark. App. 319 (May 23, 2018) This appeal comes from the Mississippi County Circuit Court, Honorable Richard Lusby presiding. This case concerns the enforcement of an arbitration provision in a nursing home admission agreement in favor of a treating physician who is an independent contractor. Dr. Gerald Stipanuk (“Dr. Stipunak”), a medical doctor, was the medical director of Heritage Square Nursing Home, Inc. (“Heritage”). As such he executed an agreement with Heritage which provided that he was responsible for the peer review activities of Heritage and for the overall coordination for medical care for all patients, not just those for whom he was the treating physician. In this role, he shared the responsibility for assuring that Heritage was providing an appropriate level and quality of care for all its patients to involve monitoring and implementation of patient care policies and oversight of physician services and medical care of its patients. The agreement also provided that Stipunak was an independent contractor and not an employee of Heritage. Johnnie Mae Williams (“Williams”) was a patient of Heritage. The admission agreement executed on her behalf provided that it Heritage would exercise due diligence to obtain the services of a patient’s treating physician when medical treatment was required but, if the treating physician was not available, Heritage would exercise due diligence in attempting to obtain the services of an equally qualified physician. The admission agreement also provided: “B. Physician Instruction. The Patient is under the care of his or her personal physician. The Patient acknowledges that the physician is an independent contractor, and that the Facility’s liability is limited for any act or omission by the physician, as long as the staff of the Facility exercises the appropriate care.” The admission agreement also contained an arbitration provision which stated that “all claims, disputes, demands, and controversies arising out of, in connection with or relating in any way to the validity, interpretation, or performance of the Resident Admission Agreement, or any service or health care provided by the Facility to the Resident… shall be resolved by the fullest extent permitted by federal law exclusively by binding arbitration and not by a lawsuit or resort to court process… This Agreement shall inure to the benefit of, and bind, the Parties… . With regard to the Facility, this includes any
agents, employees, and/or servants of the Facility.” Five days after Williams’ admission to Heritage, she died. Her estate (“Estate”) then filed suit against Heritage. The complaint also included Dr. Stipanuk as a defendant in his capacity as Williams’ primarycare physician. The complaint asserted that “it was an action for monetary damages violation of resident rights, and wrongful death caused by Defendants and included specific claims of medical malpractice by Heritage and a separate claim for medical malpractice by Dr. Stipanuk as Williams’ treating physician. Heritage moved to stay the proceedings and compel arbitration in which Dr. Stipunak later joined. At the hearing on Heritage’s motion, the Estate’s counsel clarified the facts that gave rise to the complaint. Specifically, she stated that while at Heritage, Williams had a feeding tube. Heritage employees allegedly called Dr. Stipanuk, and he told them to continue feeding her for the five days she resided at Heritage. She was later taken to the emergency room where she died due to overfeeding. Subsequently, the circuit court entered a written order granting the motion to stay proceedings and compel arbitration as to Heritage but denying the motion as to Dr. Stipanuk because he was not a signatory to the arbitration agreement, and the complaint related to Dr. Stipanuk’s acts committed in his capacity as Williams’ treating physician, not in his capacity as Heritage’s medical director. Thus, the court found that “[t]he rationale for giving the benefit of a contractual agreement to non-signing entities involved in the operation and control of an enterprise” did not apply. Dr. Stipanuk timely appealed. On appeal, Dr. Stipanuk argued that it was error to deny his motion to stay and compel arbitration. He recognized that he was not a signatory to the arbitration agreement but pointed out that the Arkansas Supreme Court held in an earlier case that an arbitration agreement was binding on a signatory’s agents when the agreement plainly provided that it was “binding upon the employees, managers, officers, directors, parent company, subsidiaries, and successors in interest.” The Heritage arbitration agreement contained such language. Dr. Stipanuk claimed he was an agent of Heritage because he was assigned to be Williams’ primary-care physician, and the medical director agreement required him to provide medical-care services to
all of Heritage patients. The Court of Appeals rejected this argument. It noted the principle that, while the terms of an arbitration contract generally do not apply to those who are not parties to it, non-signatories may nonetheless be deemed as parties through the application of ordinary contract and agency principles for purposes of the Federal Arbitration Act. However, the Court held that the non-signatory exception did not apply because Dr. Stipanuk was an independent contractor of Heritage, and he had not established that he was its agent. The contract between Dr. Stipanuk and Heritage specifically provided that he was an independent contractor. In addition, the admission agreement also provided that a patient’s personal physician was an independent contractor and that Williams was “under the care of . . . her personal physician.” Since the Estate sued Dr. Stipanuk in his capacity as William’s primary-care physician, and not in his capacity as medical director of Heritage, he was not being sued as an agent of Heritage and was not subject to the arbitration provision. Dr. Stipanuk also argued that the language in the admission agreement that “[a]ll Claims based in whole or in part of the same incident, transaction or the same course of care or services provided by the Facility to the Resident shall be arbitrated in one proceeding” required that the claims against him be arbitrated because the related claims against Heritage were being arbitrated. The Court of Appeals rejected this argument as well. He did not have the close relationship that an owner or parent company might have and, thus, he was not so closely related to Heritage that allowing his claims to be heard in court would effectively eviscerate the arbitration agreement. Dr. Stipanuk lastly argued that the Estate should be estopped from avoiding arbitration as to him. He argued that the circuit court improperly allowed the Estate to ignore the admission and arbitration agreements while simultaneously allowing it to use the contracts to pursue its case. The Court also rejected this argument as well. It found that the medical-malpractice and wrongful-death claims against him were in his capacity as William’s primary-care physician, and as such, did not rely on the admission and arbitration agreements to establish those claims. The claims would exist regardless of whether the admission agreement and arbitration agreements existed. Thus, the Estate was not relying on the contracts when they worked to its advantage but ignoring them when they worked to its disadvantage. Accordingly, the Estate was not estopped from avoiding arbitration of its claims against Dr. Stipanuk. For the reasons stated above, the Court of Appeals rejected all of Dr. Stipanuk’s arguments and affirmed the circuit court’s decision in all respects. v
Daily Record
www.dailyrecord.us
June 4-10, 2018 // 5
Commercial Real Estate around Central Arkansas BY JEFF YATES
What’s Happening Jeff@ARKCIRE.com
Each May about 30,000 or more people associated with, or interested in, retail real estate converge on the Las Vegas Convention Center for the retail real estate convention (RECon) hosted by the International Council of Shopping Centers (ICSC). Overall attendance is still below the highs seen preceding the real estate downturn accompanying the Great Recession. However, RECon occupied over 835,000 square feet of floor area in 3 buildings this year. And ICSC reported that there were 1,265 exhibitors at the show, the most
since the Great Recession. Cities, towns, counties and economic development groups added many of the new participants. One of those was Fayetteville, Ark. Devin Howland, director of the city’s Economic Vitality Department was there and stated, “Retail plays a big part in building a sense of place.” Howland also noted that developers are coming to Fayetteville’s Uptown District, on the north side of town and, on the south end, the Walton Family Foundation has provided $120 million to build a new University of Arkansas art school that is expected to help fuel retail development. My friend Rex Nelson, and others, keep noting Northwest Arkansas growth is driving much of the Arkansas economy. Some people attribute, or blame, much of that on the Walmart effect. I suggest to you that it is more than that. As an interested observer, it appears to me that much of it has to do with focused efforts and a spirit of cooperation. Other news from around the convention included observations from Jones Lang LaSalle that retail real estate is experi-
PLUMBERS & HVAC TECHS NEEDED Best salaries. Bonus programs. 401K. Immediate vacation accrual. No sales. All tools provided. Ted Holzwarth 501-834-3320.
No ma�er the size of your business
We Can Help!
Arkansas Press Services now offers full service strategic digital marke�ng campaigns. Our team of marke�ng experts focus on crea�ng effec�ve & impac�ul media solu�ons that perform.
Let Us Help You With:
› Audience Targe�ng & Programma�c › Search Engine Op�miza�on › Social Media Management
› Email Marke�ng › Website Design, Development & Hos�ng › Reputa�on Management
To get started, call 501-374-1500 and ask for the Digital Marke�ng Department. We’re a Premier Google Partner!
encing a buyer’s market and the pace of transactions is expected to rise in the near term. I see examples of that being the case near to Little Rock. Several properties have recently sold, are under contract, or are being offered. Conversely, there are some properties that really could use new owners with fresh perspectives. Many of these properties are not being offered and offers to purchase them have been greeted with indifference. The whole community suffers when properties are derelict. Shopping Centers Today aggregated comments from lenders participating in RECon and noted that there seems to be nearly unlimited capital looking for deals.Perhaps some of this capital can convince some of the indifferent owners to trade properties, or even to cash out. While the news seems to be dominated by the supposed death of malls and high-profile closures of national retailers, there are dozens of retailers opening hundreds of stores this year and next. CoStar Research
Director Suzanne Mulvee noted that while many people look at the changes in the retail market and attribute it online shopping, it is really much more than that. Her observations included that more foundational issues include oversupply, changing demographics and weathering the worst recession since the Great Depression. Those that blame all the woes of failing retailers on Amazon and others have apparently overlooked, or chosen not to see, the fact that online shopping is still a fraction of the aggregate retail sales. There will be more store closings. Some are needed. Look at Sears and K-Mart. Many of those stores haven’t seen any capital investment since the 1970s. See my note above about derelict properties. The same holds true for zombie stores. There will be more store openings. There will be more retailers that are “rightsizing” and some of the retail inventory will become other uses. A local example is in North Little Rock where PetSmart moved across the parking lot to a
store half the size of the original and Ortho Arkansas opened a state-of-the art orthopedic clinic in the former PetSmart space. Some “etailers” are becoming retailers with real-life bricks-andmortar stores. Examples abound, including Amazon’s purchase of Whole Foods. If the future of retail is all cloud-based, why would Jeff Bezos buy a grocery store chain? In local happenings, Mexico Chiquito at 13924 Cantrell Road has closed, AND the property has sold for the tidy sum of $1,550,000. Anchor Realty Investments bought the 1.67acre property, including a 3,280 square foot building. Anchor is led by David Alan Bubbas of David’s Burgers fame & fortune. I figure the odds are 1-1 on a David’s Burger cropping up on the site. In other random events, the 5,500 square foot building formerly housing Vesuvio Bistro nee El Chico sitting on 1.36 acres at 1315 Breckenridge Drive sold for $650,000. An address namesake LLC bought the property CONTINUED ON PAGE 17