Thursday October 25 7:50 PM ET

Court Hears Clinton Library Dispute

By JAMES JEFFERSON, Associated Press Writer

LITTLE ROCK, Ark. (AP) - The city properly seized a parcel of land to be part of Bill Clinton's presidential library, the city attorney argued Thursday before the Arkansas Supreme Court.

But the landowner's attorney, Christopher Parker, told the justices that the city in its early dealings did not clearly state how the land would be used.

``How can you engage in subterfuge?'' Justice Donald Corbin asked. ``Surely the landowner ... has some say in what this property was to be used for.''

Eugene Pfeifer III, who owned 3 acres of downtown land, contends the museum and academic complex, including a private residence, is not covered under the principle of eminent domain because it is not a public park.

If the court rules in favor of the landowner, the library would be delayed indefinitely, planners say. The justices could rule by early next week.

Justice Jim Hannah asked whether the planning for a private residence for Clinton's use within the library complex would negate its use as a park.

City attorney Tom Carpenter said it would not, citing the presence of private residences at some of Arkansas' state parks. ``That doesn't destroy the public purpose of the park,'' he said.

The library site, 27.7 acres of mostly old warehouse land along the Arkansas River, was selected by Clinton in 1997. Last year, the city acquired Pfeifer's 2.9 acres after he rejected an offer of $400,000. The city has acquired the rest of the land.

This summer, the Clinton Foundation bid $104 million to lease the land.

Its proposal said it would spend $24.4 million to develop a park surrounding the library complex that would feature a 2,500-seat amphitheater, urban fishing grounds and a pedestrian walk linking the complex to downtown Little Rock.

Clinton Foundation President Skip Rutherford says the decision is the last hurdle the project must clear before breaking ground. The foundation is not a party to the lawsuit.

A Pulaski County judge ruled against Pfeifer last November, saying the city's steps were proper and its $400,000 offer was fair.

-- Anonymous, October 25, 2001