WASHINGTON COUNTY, ARKANSAS; Quorum Court of Washington County, Arkansas; and Honorable Joseph K. Wood, in His Official Capacity as County Judge, Appellants
Terry PRESLEY, Appellee
FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. 72CV-17-426],
HONORABLE MACKIE M. PIERCE, JUDGE
Clark, Butt, Carithers & Taylor, PLC, Fayetteville, by:
Constance G. Clark, for appellant.
Law Partners, LLP, Fayetteville, by: Nick Mote and W.H.
Taylor, for appellee.
Presley applied for a conditional-use permit to operate a
wedding and event center on property he owns in Washington
County. The permit was denied by the Washington County Quorum
Court. Presley appealed to the Washington County Circuit
Court, which granted summary judgment to Presley. Washington
County, its quorum court, and its county judge now appeal. We
Presley filed his application for a conditional-use permit in
August 2016 and thereafter worked with the Washington County
Planning Office to meet the requirements for such a permit as
outlined in the Washington County Code. Although the property
was zoned for residential and agricultural uses, the
Washington County Planning Board and Zoning Board of
Adjustments (the board) may authorize other uses upon a
finding of the following:
(1) That a written application has been filed with the
Planning Office and the appropriate fee has been paid.
(2) That the applicant has provided proof that each property
owner as set out in section 11-204 has been notified by
return receipt mail.
(3) That adequate utilities, roads, drainage and other public
services are available and adequate or will be made available
and adequate if the use is granted.
(4) That the proposed use is compatible with the surrounding
(5) That the establishment, maintenance, or operation of the
conditional use will not be detrimental to or endanger the
public health, safety, morals, comfort or general welfare.
(6) That the conditional use will not be injurious to the use
and enjoyment of other property in the surrounding area for
the purposes already permitted, nor substantially diminish
and impair property values within the surrounding area.
(7) That the establishment of the conditional use will not
impede the normal and orderly development and improvement of
the surrounding ...