Billingsley v. Benton NWA Props., LLC (Majority)
Annotate this CaseAppellants and Appellees owned property on two sides of Hurricane Creek. Appellants alleged that Appellees and past owners of the property placed fill material in the floodway and floodplain of Hurricane Creek and that, since that time, Appellants had experienced an increased frequency and extent of flooding on their property. The parties subsequently reported to the trial court that they had reached a settlement. However, the proposed settlement contained a provision releasing claims Appellants “may have in the future.” Appellants disputed the scope of the release. The circuit court granted Appellee’s motion to enforce settlement agreement, concluding that the agreement and release encompassed the terms actually agreed on by the parties. The Supreme Court reversed, holding that the trial court’s grant of Appellee’s motion to enforce settlement was in error where there was no agreement between the parties as to the scope of the release.
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