Scenery Trumps Tower Project

FAYETTEVILLE — Cellphone towers shouldn’t be built near rural homes because they’re not compatible with the countryside scenery, most Washington County Quorum Court members said late Monday night.

Justices of the peace voted against granting a permit for a 300-foot tower east of Prairie Grove. They denied the permit by 10 votes to 3 with one abstention and one member absent.

Smith Communications wanted to build the tower near the intersection of Storms Road and Arkansas 265. A dozen neighbors filed an appeal with the Quorum Court after the county’s Planning Board approved the permit in March.

At A Glance

How the Votes Fell

The Washington County Quorum Court struck down an ordinance that would have given Smith Communications permission to build a cell phone tower near the intersection of Storms Road and Arkansas 265 east of Prairie Grove.

For

Ron Aman

Barbara Fitzpatrick

Butch Pond

Against

Rex Bailey

Candy Clark

Rick Cochran

John Firmin

Ann Harbison

Eva Madison

Jimmy Mardis

Joe Patterson

Mary Ann Spears

Bill Ussery

Abstained

Harvey Bowman

Absent

Tom Lundstrum

Source: Washington Count

Kim Fugitt, one of the twelve residents, lives on Illinois Chapel Road north of the proposed site.

“We didn’t move out there for the cell service,” Fugitt said. “We didn’t move out there for the sewer lines and gas lines. We moved out there because it is a beautiful place, and it is remote. There are no Starbucks out there. There is no bicycle trail. That was the whole point of moving out there.”

Representatives from Smith said the tower would improve AT&T wireless service near Hogeye. It was going to be built on land owned by Pat Storms of Storms Agri-Enterprise.

“I am not against our neighbors opposing this, but folks, I have a right to do with my property what the law allows,” Storms told the Quorum Court. “As far as I know, every application has been filled out that is needed. We are not breaking the law and the county, state and federal guidelines have been met by Smith Communications.”

Tom Kieklak, attorney for Smith Communications, said Tuesday his client respected the process and was considering options on how to move forward.

Justice of the Peace Butch Pond asked how much it would cost to start over at a new location. Mike Smith of Smith Communications said his company has spent about $25,000 for the necessary studies, such as soil and archeological, and state and federal permits.

Kieklak, before Quorum Court deliberation, said his client went through an extensive planning process and county staff completed very detailed reports filled with facts and evidence supporting the project.

“I direct you to the very thick and weighty material you have on your record,” Kieklak said. “It was before the Planning Board. It was vetted by the Planning Board. They didn’t approve that by mistake. I was there. They asked hard questions of staff, hard questions of us, hard questions of everyone in the room and of each other.”

Kieklak said Storms could place anything on his property as long as it complies with county zoning ordinances.

Dale Brown, attorney for six of the opposing residents, disagreed.

“No land owner owns the view,” Brown said. “No landowner owns the air. No landowner owns anything that would unreasonably interfere with their neighbors or adjoining landowners right to use and enjoy their property.”

Most of the Quorum Court members who voted against the tower cited county regulations stating a project must be compatible with the surrounding area and not be “injurious” to the enjoyment of nearby properties.

“I do believe it will diminish the enjoyment of the land and the property value. I know we have appraisers who say it won’t but you can find appraisers to say a lot of different things,” said Justice of the Peace Eva Madison.

Justice of the Peace John Firmin voted against the ordinance, but said he struggled with the decision.

“Based on a vote like this, we’re saying no one can have a cell tower,” Firmin said. “If there’s any opposition, you can’t have any cell tower.”

Justice of the Peace Barbara Fitzpatrick supported the project and said a cell tower will not stop people from farming.

“I imagine that 60 or 70 years ago there were people who were making the same complaints when the power lines went in,” she said.

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