FAYETTEVILLE -- For a third time, justices of the peace voted to appeal a circuit court decision against the county over a proposed wedding venue near Greenland during its meeting Thursday.
"We owe it to the neighbors to see this through," said Justice of the Peace Sue Madison, a Democrat representing southeastern Fayetteville. "That judge may have been having a bad day."
How they voted
The Washington County Quorum Court denied a permit for a wedding venue near Greenland, a move that means the county will proceed with appealing a circuit court judge’s decision. Justices of the peace voting for the ordinance were: Ann Harbison and Joe Kieklak, both Democrats, and Republicans Lisa Ecke, Bill Ussery, Butch Pond, Joel Maxwell and Robert Dennis. Justice of the Peace Fred Rausch, a Republican, was absent. Justices of the peace Alicia Deavens and Tom Lundstrum abstained.
Source: Staff report
A circuit judge overturned in April a Quorum Court decision not to grant a permit to Terry Presley, who wants to build a wedding and event venue on his property at 5241 Shaeffer Road.
The lawsuit stems from a land-use dispute between Presley and his neighbors, who strongly oppose the venue.
The Planning Board approved Presley's permit last year, but the Quorum Court declined to ratify it. Presley sued last year, and a circuit judge ordered the county to approve the permit last April. The county attorney filed a notice of appeal in May.
On Thursday, Justice of the Peace Ann Harbison, who represents southern Washington County where the venue is to be located, presented an ordinance to grant a permit and end efforts underway for the county's appeal.
The property is zoned for agricultural and single-family residential use and requires a permit.
Harbison said she didn't think the county had a strong case to win on appeal and didn't want to waste taxpayer money. An opinion from an attorney with the Association of Arkansas Counties said the county is unlikely to win on appeal, but an outside attorney opined June 20 the Quorum Court has a chance at winning.
The second letter didn't convince Harbison, she said.
"At this point, I don't think we have any choice," Harbison said. "I don't want to waste the taxpayers' money."
But the letter from the Davis Law Firm was a relief for Justice of the Peace Sue Madison, a Democrat representing southeastern Fayetteville.
"I read that letter, and I thought: We ought to go for it," Madison said about appealing.
Justices of the peace then voted 5-7 against granting Presley's permit, which means the court will continue with plans to hire an outside attorney for $250 per hour and appeal the case it lost against Presley.
Two justices of the peace abstained from voting and one was absent. Ten votes were required for the measure to pass.
County Attorney Brian Lester, who will not be handling the case, said the overall cost a continued court battle could reach $40,000, but several justices of the peace said if they accept the judge's ruling in the case, the Quorum Court essentially will be forced to ratify all projects the Planning Board approves.
In other business, the Quorum Court approved a $8,606 pay increase for Lester. The change moves Lester's pay to $79,000 from $72,400.
Lester's pay was $70,000 last year, according to information provided by Lester. All county employees received a 3 percent raise.
County Judge Joseph Wood said the higher amount for Lester was left out of the 2018 budget by mistake.
In other news, the Quorum Court approved accepting a $15,000 state grant that will start paying for security upgrades on county property. The plan includes new identification cards for county employees.
NW News on 06/22/2018