Judge’s Wrecker Decision Backs County

BENTONVILLE — A circuit judge upheld a decision by Benton County officials denying a request a couple made to operate a wrecker service from their home near Siloam Springs.

Jimmy and Jill Lewis filed the lawsuit after they were denied by the Planning Board a request to have the wrecker service at their home.

The Planning Board originally denied the Lewises a permit for Downtown Towing to operate from at 21819 Meadow Wood Drive on June 6. The couple appealed that decision and a panel of three Benton County justices of the peace voted 2-1 to uphold the board’s decision. Dan Douglas and Tom Allen voted to uphold the planners. Steve Curry voted in favor of the request.

Circuit Judge Brad Karren listened to testimony Monday and ruled in favor of the county.

Jill Lewis said she and her husband purchased the business in December 2007. The couple leases a location to store vehicles, but they want to move the business to their property.

William Mayo, attorney for the Lewises, presented photographs of other businesses run out of homes in the area. Mayo said in his opening statements those businesses weren’t required to go through the county process his clients had to go through.

Jill Lewis said she didn’t believe the process was fair to her and her husband.

Christopher Ryan, who heads the Planning Board, said the request was denied because the wrecker service was incompatible with the area.

Mayo was critical of Ken Knight's participation in the process. Knight is a member of the Planning Board and lives in the Meadow Wood subdivision where the Lewises live. Knight recused from hearing the request, but was a vocal opponent against it. Knight said he spoke out against the request as a community member and not as a Planning Board member.

Mayo said in his closing statements once Knight recused, he should have had nothing else to do with the case.

George Spence, representing the county, said Knight had a First Amendment right to speak out against the request as a private citizen.

Spence reiterated to Karren the towing service was incompatible with the surroundings in the subdivision.

“I have a great deal of respect for Judge Karren. Although his decision did not adopt our theory, I think his decision deserves equal respect,” Mayo said.

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