384 S.W.3d 33
Ark. Ct. App.2011Background
- Washington County Quorum Court granted Big Red Dirt Farm, LLC a conditional-use permit to operate a rock quarry in unincorporated Washington County.
- Zoning ordinance (2006) created two zones (agricultural and single-family residential) with limited permitted uses; all other uses require a CUP.
- Big Red’s quarry use was not originally listed as a permitted use under the ordinance and would require policy changes to permit it.
- Bolens appealed the quorum court’s CUP decision to circuit court, seeking de novo review and a jury trial under Ark. Code Ann. § 14-17-211.
- Circuit court initially ruled for Bolens, directing a jury trial, but after PH, LLC v. City of Conway (and related caselaw) the court held the decision was legislative and not subject to de novo review or jury trial.
- The court ultimately affirmed, holding the CUP was a legislative act, and Bolens were not entitled to de novo review or a jury trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the quorum court’s CUP decision was legislative or administrative | Bolen argue CUP issued by legislative body could be reviewed de novo | Big Red contends CUP was administrative and not subject to de novo review | Legislative; CUP constituted a new land-use policy |
| If legislative, whether circuit court should grant de novo review or a jury trial | Bolen entitled to de novo review and jury trial | Not entitled; PH, LLC controls; legislative actions require no de novo review or jury trial | No de novo review or jury trial available |
| Proper scope of review under Arkansas zoning framework | Zoning decisions involve policy and should be reviewable | Review respects legislative nature and limits court intervention | Review aligned with legislative nature; affirm circuit court’s ruling |
Key Cases Cited
- Rolling Pines v. City of Little Rock, 73 Ark.App. 97, 40 S.W.3d 828 (Ark. App. 2001) (conditional-use decision administrative when consistent with ordinance)
- King’s Ranch of Jonesboro, Inc. v. City of Jonesboro, 2011 Ark. 123, 2011 WL 1177097 (Ark. 2011) (CU decision administrative; relied on existing ordinance provisions)
- Summit Mall Co., LLC v. Lemond, 355 Ark. 190, 132 S.W.3d 725 (Ark. 2003) (Ordinance-based actions are legislative; complex conditions signal policy enactment)
- PH, LLC v. City of Conway, 2009 Ark. 504, 344 S.W.3d 660 (Ark. 2009) (zoning decisions are legislative; de novo review/jury trial not available)
- Mings v. City of Fort Smith, 288 Ark. 42, 701 S.W.2d 705 (Ark. 1986) (zoning planning is legislative; deference to planning decisions)
- City of Fort Smith v. McCutchen, 372 Ark. 541, 279 S.W.3d 78 (Ark. 2008) (characterization of act as legislative vs administrative in zoning)