(TB&P) — A lawsuit concerning land-use changes in the historic district at Chaffee Crossing was dismissed Thursday (Nov. 14). A lawsuit was filed May 17 in Sebastian County Circuit Court concerning a land use change that plaintiffs said would harm the walk and shop concept of the historic area presented in the Fort Chaffee Redevelopment Authority’s master plan.
The FCRA and its board of trustees filed a motion to dismiss the lawsuit June 21.
On April 18, the FCRA board voted to change land use in part of the “historic warehouse district” to industrial/office. The vote came after weeks of sometimes heated discussion on how to rectify an issue of some properties used in non-conforming ways. The board voted to change the area bounded by Darby Avenue, Taylor Avenue, Roberts Boulevard and Terry Street from mixed use: historic use to industrial/office. This will change the area south of Darby Avenue in the historic area but leave the area north of Darby as mixed use: historic.
The lawsuit states the land use change should be deemed invalid because it was of a violation of due process, the land use change is not shown to be in the public interest but rather was “arbitrary and capricious,” and was for the benefit of specific land owners rather than the public as a whole; and “taking with no public purpose is invalid.” The lawsuit was filed by Randy and Tina DeCanter with Old Fort Furniture; John Coats with JKC Cellars LLC and KRIJO Investments; Tasha and Alan Taylor with Truckin Delicious; Quentin Willard with Fort Smith Brewing Co. and QB Ventures and Micah Spahn with Fort Smith Brewing Co.
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