Property owner sues county over wedding venue denial

FAYETTEVILLE — A property owner is suing Washington County because he was denied a permit to build a wedding venue near Greenland.

The March 3 filing by landowner Terry Presley follows a contentious battle with neighbors over land use. The controversy led to the Quorum Court rejecting Presley’s proposal after the Planning Board approved it.

Presley and his sister, Vickie Presley Hassell, planned to build a 4,455-square-foot, family friendly event center holding up to 100 people on about 7 acres at 5241 Shaeffer Road, planning records show.

In his lawsuit, Presley said he and Hassell want to pursue the project.

Presley’s attorney W. H. Taylor didn’t return a message left at his office Wednesday. Presley didn’t respond to a message left on a social media website.

Presley sued the county, Quorum Court and County Judge Joseph Wood in his official capacity, according to Circuit Court records. County Attorney Brian Lester said the lawsuit is about the zoning and isn’t about money.

“It’s not a lawsuit in the sense that they want money — it’s an appeal,” Lester said.

The property is zoned for agriculture and single-family residence, so a permit is needed for the project to move forward.

The lawsuit contends the Quorum Court’s decision “is not supported by substantial evidence” and is “arbitrary.”

Some justices of the peace said at the appeals hearing Feb. 9 they are concerned the property is too small and the venue is too close to one property line. The venue also wasn’t compatible with neighboring property, others said. Justices of the peace said they worried the venue would cause safety, environmental and nuisance problems for neighbors.

Presley agreed to multiple concessions to appease neighbors, including limited operation hours, number of events and music, records show.

Presley agreed to stipulations including maintaining the landscaping and not providing alcohol for events.

Neighbors continued to object. About 45 people sent planning officials letters against the center, compared to about 18 people who sent letters supporting the project. About 20 neighbors attended the appeals hearing to speak against the project.

The proposed center has brought neighbors together to oppose Presley’s project, neighbor Janet Bachmann said. Neighbors might hire a lawyer and ask the court to allow them to become a party to the lawsuit, neighbor Jim Lukens said.

Presley and Hassell don’t live in the area, Bachmann said. Bachmann and Lukens share a property line with

Presley. If built, the event center would be about 25 feet from Bachmann’s garden, she said.

“We’re just tired of this. I wish he’d dropped it,” Bachmann said.