FAYETTEVILLE -- The Washington County Quorum Court will file an appeal to a Circuit Court judge's order it approve a wedding venue's permit, justices of the peace decided Thursday.
The appeal will happen despite an attorney's opinion there's little chance of the county winning. County Attorney Brian Lester provided justices of the peace with attorney Mark Whitmore's opinion during the Quorum Court meeting Thursday.
Whitmore is the chief legal counsel for the Association of Arkansas Counties.
Whitmore opined in a May 10 email to County Judge Joseph Wood about the merits of appealing a case the county recently lost to keep Terry Presley from building a wedding and event center on land he owns at 5241 Shaeffer Road. Presley needs a permit because his property is zoned for agricultural and single-family residential use.
The Quorum Court declined to ratify Presley's permit even though the Planning Board approved it. Presley sued last year, and a judge ordered the county to approve the permit last month.
The Quorum Court now must either approve the permit or appeal the judge's order, Lester said.
Justices of the peace tabled Thursday the ordinance to approve Presley's permit, proceeding with the appeal process. The Quorum Court approved in April hiring an outside attorney to appeal the case. No attorney has been hired.
Next Meeting
The Washington County Quorum Court will look once again at whether to approve a permit for a proposed wedding and event venue on 7 acres at 5241 Shaeffer Road near Greenland during its 6 p.m., June 21 meeting.
Source: Staff Report
The deadline to file a notice of appeal is next Thursday.
Lester said previously he intends to file an appeal today. That appeal can be dropped later, if the Quorum Court decides not to proceed, Madison said.
Whitmore's assessment said, in part, the case would be difficult for the county to win on appeal or to have reopened and reversed in Circuit Court. The county didn't provide enough proof, Whitmore wrote. The Quorum Court must support its decision with "substantial evidence," he said.
The event center wouldn't be "unduly burdensome," Whitmore said.
Justices of the peace said previously the venue isn't compatible with the community, among other issues.
Justice of the Peace Eva Madison, a Democrat representing northwestern Fayetteville, said the Circuit Court's decision sets a bad precedence that needs clarification. She said the county should appeal, even if there is a slim chance of prevailing.
"More is at stake than just what happens for this event center," Madison said. "If this case stands, then we might as well rubber stamp whatever the Planning Board decides."
Counties aren't required under state law to have planning boards.
Justice of the Peace Robert Dennis, a Republican representing the Farmington area, said the county shouldn't waste money on an outside attorney or an appeal effort.
He said he supports land-use rights, too.
"Have we just forgotten completely that a person in this country has to the right to do something with their own property?" Dennis said.
Justice of the Peace Ann Harbison, who said she asked Wood to get the association's opinion, said she doesn't want to proceed with a weak case but still has questions. Harbison represents southern Washington County, which includes Presley's proposed venue site.
Whether to approve the permit should be put off temporarily so justices of the peace can better study the association's opinion, Harbison said.
"I'd rather we read and sleep on this before we make a decision," she said.
Justices of the peace will reconsider approving Presley's permit next month.
In other business, the Quorum Court tabled a motion to raise the pay for the county attorney by $8,606 for this year. Justice of the Peace Harvey Bowman, a Republican representing northern Springdale, said he wanted to hear from the county's management consulting service.
NW News on 05/18/2018
