City of Fort Smith v. McCutchen

Donald L. Corbin, Justice.

Appellant City of Fort Smith, Arkansas, appeals the Sebastian County Circuit Court’s order granting Appellee Dan McCutchen a variance from a setback requirement contained in the Fort Smith City Ordinances. On appeal, Fort Smith argues that Ark. Code Ann. § 14-56-425 (Repl. 1998) is unconstitutional because it permits a de novo trial on appeal of a legislative determination made by a city Board of Zoning Adjustment (BZA). Accordingly, our jurisdiction is pursuant to Ark. Sup. Ct. R. l-2(a)(l). We find no error and affirm.

McCutchen owns real property in Fort Smith,…