Judge dismisses Parsons’ lawsuit over white fences

BENTONVILLE — Jim Parsons lost his latest battle trying to save white fences in Bella Vista when a Benton County judge on Wednesday dismissed his lawsuit on the matter.

Parsons, acting as his own attorney, filed a lawsuit in December against the prohibition of white fences, which are banned by the Architectural Control Committee.

Parsons sued the committee’s board members: John Cooper III, Mike Taggart, Theresa Neal, Ralph Vernetti, Borem Cooper and Neff Basore.

Vernetti, the committee’s director, said the organization is run by a board that he is a member of, in addition to being its employee. Other members include local builders, real estate agents and a representative of the Bella Vista Property Owners Association.

The Architectural Control Committee in Bella Vista was created by the governing documents, the same documents that set up the Property Owners Association. They are two separate organizations. While the association manages the amenities — including parks, lakes and golf courses — and owns the water utility, the committee is concerned with the covenants that apply to aesthetics and to construction of residences and remodeling.

Benton County Circuit Judge Christine Horwart granted a motion in February to dismiss the other board members except Vernetti from the lawsuit.

Parsons had his day in court Wednesday.

Curtis Clements, Vernetti’s attorney, had filed a motion to dismiss the lawsuit because Vernetti had not been properly served with the lawsuit.

Horwart asked Parsons to respond to the motion to dismiss. Parsons said he did not want the lawsuit to be dismissed.

“What will be next?” he said. “Will they take down white gutters or our white tulips?”

Horwart asked Parsons to respond to the allegations the defendant had not been served with the lawsuit. She told Parsons he needed proof Vernetti had been served.

Parsons handed the bailiff a document, which was passed on to the judge. Horwart said the document was not proof of service.

Parsons said he had been busy and didn’t have time.

Horwart told Parsons that service had to be made within 120 days of filing the lawsuit, and that as of Wednesday, 132 days had passed.

“It’s imperative you have proof of service today,” the judge said.

The judge also questioned Parsons about whether he had a white fence. Parsons said he bought his house with a white fence more than two decades ago. Parsons said he assumed his white fence was grandfathered in, but he could not provide any proof.

Parsons said he did not want the lawsuit dismissed and came to civil court to find out whether the white fence ban is legal.

“We will probably be the only city in the world to have a ban on white fences,” Parsons said.

Clements said his client learned of the lawsuit from the media. Vernetti is the only defendant in the lawsuit, and there are no complaints against him in the lawsuit, Clements said.

“There’s no reason for Mr. Vernetti to be made a part of this case except harassment,” Clements said.

The judge found Vernetti had not been properly served and dismissed the lawsuit. She said she would also have dismissed the lawsuit because there was not a reason for Vernetti to be named in the case.

Clements asked the judge for attorney fees, and she told him to submit the request to the court.

“When you represent yourself in court you have a fool for your attorney,” Parsons said after the hearing. “That’s what we had today.”

Parsons maintained his objections to the white fence policy and said he had no plans to paint his fence.