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FAYETTEVILLE -- Springdale and its planning department are being dragged into a lawsuit over a Springdale apartment complex even though the city is not a party to the lawsuit.

The Springdale Ridge Apartments were evacuated after a carbon monoxide problem was discovered in August 2004.

Atlas Construction contends the city may have been negligent when it approved plans for the complex on South 40th Street and the negligence led to construction defects. The company also claims inspectors should not have approved work and issued a certificate of occupancy.

Atlas asks the city be assessed a percentage of damages and any verdict against Atlas be reduced by that amount if a jury finds the city negligent.

The motion also asks wo other companies, Ayers Drywall Installation and Supply and NRC Engineers, which are not parties to the suit, be assessed a share of the damages if a jury finds a defect in the drywall components or the mechanical closets was to blame. Any judgment against Atlas would be reduced by that amount.

The city ordered gas service to the complex turned off and declared the entire facility unfit for occupancy after a high level of carbon monoxide was discovered in almost every apartment tested by the Springdale Fire Department, according to the lawsuit. As a result, residents were without central heat and air, hot water and the ability to cook for nearly a week. Hot water and stoves at the complex are served by natural gas.