Judge Says Washington County Must Redo Cell Tower Denial

Tuesday, April 1, 2014

— A district judge has ordered Washington County to redo last year's denial of a cellphone tower east of Prairie Grove.

U.S. District Court Judge Jimm Larry Hendren filed the decision Monday in Fayetteville. The County Services Committee reviewed it during its monthly meeting Monday evening.

Smith Communications sued the county after its permit to build a 300-foot tower was denied.

During the construction permit request process, the company said the tower would meet all safety and zoning requirements. The tower would have made people in the area safer by boosting cellphone signals for emergencies, the company added.

The county Quorum Court denied the permit last summer, however, by a 10-3 vote. Several area residents testified they'd moved out of city limits to avoid such towers.

Most of the justices of the peace were sympathetic to those concerns. But their permit denial didn't lay out their reasoning, Hendren said, and so a new letter must be approved and sent within 30 days.

"I didn't expect a remand after this much time has passed, but nevertheless it has, and we'll be getting right on it," county attorney George Butler told the justices.

The committee also got updates on the county's animal shelter. About 2,000 cats and dogs were brought to the shelter in 2013, director Angela Ledgerwood said. About 1,300 of those were adopted, fostered or transferred to other shelters.

Most of the rest were euthanized, including 150 euthanized because of space and "time-in-shelter" concerns.

The shelter recently joined the PetsMart Rescue Wagon network, Ledgerwood added. That means some animals that would otherwise be euthanized could be transferred to other regional shelters, she said.

One of the county's two animal control officers left the post, which might need to be filled soon, Ledgerwood said.

"I think once spring hits, you might need that second officer," agreed Eva Madison of District 9. "We might have to talk to the sheriff about that."

NW News on 04/01/2014