Judge overturns decision

County denial under scrutiny

FAYETTEVILLE — A circuit court judge ruled a Washington County Quorum Court decision was “arbitrary, capricious and unreasonable” in denying property owners a permit for a wedding event venue near Greenland.

Circuit Judge Mackie M. Pierce in Little Rock granted a summary judgment in favor of Terry Presley in his appeal of the Quorum Court’s denial for a permit for 7 acres at 5241 Shaeffer Road.

Washington County Attorney Brian Lester said he will report on the ruling to the justices of the peace at the next Quorum Court meeting April 19. The justices of the peace can then decide whether to appeal the circuit judge’s ruling or issue the permit, he said.

Neither Presley nor his attorney, W.H. Taylor, returned phone messages Monday afternoon seeking comment.

Sue Madison, who represents District 12, was one of the 11 justices of the peace who voted to deny the permit.

“I will say I’m disappointed the judge ruled against the Quorum Court,” Madison said. “I thought it was unfair to the neighbors down there. I feel very badly for them.”

Janet Bachmann lives next door to the proposed center. She said the ruling didn’t surprise her.

“I’m so sad about that, but I guess that’s how it is,” she said. “I still don’t think that’s right. I’m working in my garden right now, and I’m within 30 feet of the event center shed. It’s going to be very disruptive.”

Presley and his sister, Vickie Presley Hassell, planned to build a 6,900- square- foot family

event center for up to 100 attendees and 60 vehicles, according to county records.

Presley met a list of conditions, including limits on operation hours, events per week and music; landscape barriers; a traffic study; and not providing alcohol, according to the planning records. Presley agreed to additional requirements after the county Planning Board approved his permit, county records show. Those conditions included maintaining vegetation along his property line.

Pierce said in a letter explaining his ruling county planning staff recommended

approval of the center and the Planning Board gave its OK on Nov. 10, 2016. Neighbors objected and appealed to the Quorum Court. The Quorum Court overturned the board’s decision 11-1 on Feb. 9, 2017.

Presley appealed the Quorum Court’s decision in March 2017. Lester said all of Washington County’s circuit judges recused themselves, and the case was assigned to Pierce by the chief justice of the state Supreme Court.

Pierce said the Quorum Court has the authority to grant or deny Presley’s request for a permit, but “the Quorum Court cannot exercise this authority in an arbitrary, capricious or unreasonable manner. The decision of the Quorum Court must be

supported by substantial evidence.”

Pierce said the Quorum Court relied on visits to the site by justices of the peace in making its decision and not the opinions of the professional planning staff of the county.

“The visit to the site by the court members is irrelevant,” Pierce said in his letter.

The Quorum Court voted to deny the permit without any professional opinion to support its vote. The vote is directly contrary to the professional opinions the court employs the staff to provide, he said.