FAYETTEVILLE -- County Attorney Brian Lester has filed an appeal as requested by the Washington County Quorum Court on a lawsuit over a proposed wedding venue near Greenland.
Quorum Court members demanded the county appeal although the judge ruled against them in Circuit Court and a legal opinion from the Association of Arkansas Counties said they have little chance of winning. Lester filed a notice of appeal with the Circuit Court on May 18, after the Quorum Court reaffirmed May 17 its decision to appeal.
Justices of the peace have said they will reconsider the appeal in June and may drop it.
Several justices of the peace have 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.
The Quorum Court wants to stop Terry Presley from building a wedding venue on his property at 5241 Shaeffer Road. Presley's neighbors have protested the project, and most justices of the peace have agreed the venue doesn't fit into the community.
Presley's property is zoned for agricultural and single-family residential use and needs a permit.
The Planning Board approved Presley's permit last year, but the Quorum Court declined to ratify it. Presley sued, and a circuit judge ordered the county to approve the permit last month. The Quorum Court needed to either approve the permit or appeal the judge's order, Lester said.
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. An appeal already has been filed, but justices of the peace plan to reevaluate the issue.
Source: Staff Report
The Quorum Court voted April 19 to file an appeal and to hire an outside attorney. Lester presented the Quorum Court with the association's opinion moments before its May meeting. Justices of the peace said they needed more time to review the opinion and reaffirmed their desire to appeal.
No attorney has been hired. Only the county judge has the power to hire a county or civil attorney, according to a 2011 attorney general opinion.
Wood asked attorney Mark Whitmore, the association's senior legal counsel, for an opinion on the case after Justice of the Peace Ann Harbison, a Democrat representing southern Washington County, asked Wood privately to seek the association's input.
Harbison didn't return a message left on her cell phone Thursday.
Justices of the Peace Sue Madison, a Democrat representing southeastern Fayetteville, and Bill Ussery, a Republican representing northeastern Springdale, have said the county should continue with the appeal, despite Whitmore's opinion. Justice of the Peace Harvey Bowman, a Republican representing northern Springdale, said the circuit judge's ruling is tantamount to creating legislation from the bench.
NW News on 05/26/2018
