Landowner appealed quorum court’s affirmance of county planning board’s denial of its application for a conditional use permit to operate a red-dirt mine in an unincorporated area of county, which was zoned for agricultural and single-family residential use.
After neighbors intervened, the Circuit Court granted neighbors’ motion for summary judgment in part, and, following a final hearing, the Court affirmed. Landowner appealed, and the Court of Appeals affirmed. Landowner sought review.
The Supreme Court held that quorum court’s denial of landowner’s application for a conditional use permit was “quasi-judicial” and thus subject to de novo review; overruling Bolen v. Washington County Zoning Bd. of Adjustments, 2011 Ark. App. 319, 384 S.W.3d 33.