LITTLE ROCK — AFTER hearing two contentious appeals this year, Washington County's quorum court seems ready to give up the whole business of deciding appeals when it comes to zoning and planning decisions.
And who can blame the justices of the peace? The political heat is bound to have gotten pretty darned intense after all the appeals of late over open pit mining in westernmost Fayetteville. Some of the JPs say hearing such appeals just isn't worth the time and trouble of everybody involved.
Ann Harbison, who represents District 12 on the quorum court, has introduced an ordinance that would remove the quorum court from the appellate process. She believes, along with other members of the county services committee, that however the quorum court might rule on appeals from the planning or zoning boards, the next step often enough is on to a circuit courtroom. So why should the quorum court bother?
Why not save a step by skipping the county's lawmakers and forwarding such cases directly to the circuit court? Justice Harbison sees the quorum court's role in these appeals as just a speed bump in the whole process.
What about the benefits of hearing all that public comment before the quorum court? But by then the planning and zoning boards may already have heard all the comments. Why go through all that again?
Her Honor has got a point. Whatever this layman's court decides can be overruled by a circuit court. And hearing cases like that of the limestone quarry may only interject a lot of unnecessary down-home politics into the issue.
A lot of folks would agree that decisions based purely on the facts and law might be preferable to letting politics come into the picture.
Rex Bailey, a justice of the peace from eastern Springdale, disagrees. He believes the quorum court, which is elected, has a political responsibility to fulfill by hearing such appeals. "I believe we need to be accountable," he argues. "The planning board are not elected officials, and we are. We don't need to put it on the planning board, and I think the quorum court needs to hear all appeals."
And appeals there are. Back in March, the quorum court overturned the zoning board's vote to deny a conditional-use permit to a red-dirt farm that borders western Fayetteville.
More recently, the JPs agreed with the county planning board's decision against letting the Rogers Group expand its limestone rock quarry near Wedington Woods. Scores of citizens from that end of Fayetteville made it their business to appear both at commission meetings and before the quorum court to oppose expanding the quarry.
That kind of public participation in what is clearly public business would end if Justice Harbison has her way. Her proposal to end such appeals before the quorum court is to come up for a vote at its meeting Thursday, October 8th. Which could be the last time the public has a chance to make its voice heard on this issue. And her proposal should be voted down.
Because every chance to encourage and allow public participation in important decisions should be seized. Such participation strengthens the democratic process. However much the quorum court might want to get out of this chore, it should go on hearing these appeals.
Editorial, Pages 16 on 09/30/2009