Water wells allegedly destroyed by pollution. Can the City of Green Forest require land owners outside the city who claim that their wells were polluted by the city to sign a release of claim saying that they will not sue the city for damages, as a condition of the city installing wate

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL 2 4 OPINION NO. 85~145 June 19, 1985 The Honorable Lonnie P. Clark State Representative P. O. Box 307 Berryville, Arkansas 72616 Dear Representative Clark: This Office acknowledges receipt of your question. It concerns whether the City of Green Forest can require land owners outside the city to sign a general release for claims of damage relating to alleged pollution caused by the city before the city will make a commitment to seek financing to install a water system for those persons whose wells are alleged to have been polluted. Enclosed with your letter.~~ - was a document entitled "General Release of Claims". ° In preparing this answer members of my staff contacted Mr. Tom Ledbetter, the City Attorney of Green Forest. Mr. Ledbetter explained that he had prepared the "General Release of Claims" form but that the City Council had determined that property owners seeking to be included in the expanded water system would not be required to sign this form. Since the questioned release form is not being used by the City your question is moot. Sincerely, STEM: AY WAL Attorney General JSC:AIM:jk