City Drops Case Against Towing Business

The city of Prairie Grove has dropped a case against Gary Howard of Bethel Heights for violating the city’s zoning ordinance.

Howard, who owns Action Auto & Towing of 11600 Cactus Jack Road in Prairie Grove, was cited for violating the ordinance in November 2015, and found guilty of the misdemeanors by Prairie Grove District Judge Graham Nations. Howard was cited for failing to request a conditional use permit, failing to submit a large scale development plan and violating the city’s parking ordinance.

The citations were triggered when Howard expanded his business by parking cars in an adjacent pasture, leading to complaints from neighbors and the Valley View Property Owners Association.

Howard’s at torney appealed the District Court decision to Washington County Circuit Court and the appeal was scheduled to be heard in court last week.

Since the appeal was filed, Howard has been approved for a conditional use permit for the business, with the condition that he install a privacy fence to hide any vehicles stored on the property.

Larry Oelrich, the city’s director of administrative services and public works, said city officials then decided the cost to try the appeal wasn’t worth the gain and dropped the case.

“It would have cost the city three times as much in legal fees to try the appeal than we would have gotten in fines,” Oelrich stated in an email. “If he doesn’t comply with the Conditional Use requirements, it would have been a whole new set of violations anyway.”