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Wednesday, October 31, 2012

Court of Appeals upholds denial of a fence in Quapaw Quarter

Posted By on Wed, Oct 31, 2012 at 2:06 PM

FOUR-FOOT FENCE REJECTED: For this historic house.
  • FOUR-FOOT FENCE REJECTED: For this historic house.

FOUR-FOOT FENCE REJECTED: For this historic house.
  • FOUR-FOOT FENCE REJECTED: For this historic house.

The Arkansas Court of Appeals today reversed Circuit Judge Wendell Griffen and upheld a Capitol Zoning District Commission decision that Patrick Cowan couldn't build a four-feet fence wrought iron fence around the historic Garland-Mitchell House at 1404 Scott Street. The commission staff, and ultimately the commission, said the height was too high for the northern and eastern (front) sides of the property. Staff recommended a 40-inch fence.

The court said the Commission had discretion to decide whether a four-foot fence "maintained the appropriate scale and historic character" of the property. The decision was supported by "substantial evidence" and thus was not arbitrary, the court held.

Here's a Zoning District report on the issue.

CORRECTION: My original headline was totally wrong.

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