Months after a lawsuit was filed challenging a rezoning for a new subdivision outside Willard, the case is finally moving forward.
In June, Greene County Commission approved the rezoning of 14.3 acres of vacant property northeast of the intersection of North State Highway AB and State Highway EE. Shortly after, Larry and Jaquelyn Gray, who own property directly across AB from the property, asked the Greene County Associate Circuit Court to review and reverse the rezoning.
The rezoning allowed for smaller lot sizes for a portion of a new single-family subdivision, dubbed Auburn Meadows. The rezoning was sought by Springfield Councilman Derek Lee, the owner and developer of the property through the Willard80 LLC.
While the initial legal action filed
by the Grays did not include Lee or his LLC, at a hearing on Tuesday, Sept. 29, he was approved to intervene in the case without objection from either party. The motion to allow him to join the case noted that as the property owner Lee has obvious interest in the matter, the undoing of the rezoning would require him to spend additional resources and without his involvement in the case, his interests would not be properly represented or defended.
The Tuesday hearing marks more progress after months of the case remaining in limbo as five judges recused themselves from presiding over the case. Now, Greene County Circuit Court Judge Derek Ankrom has taken on the case.
With no additional evidence expected to be filed nor witnesses anticipated to be called to testify, Ankrom and the attorneys of the respective parties agreed to hold an oral argument for the case on Monday, Nov. 30 at 10 a.m. Ankrom set aside two hours for the argument.
What is the case about?
This summer, Lee sought the rezoning to allow the 14-acre portion of the total 93-acre property to include 8,000-to-9,000-square-foot lots to match the existing subdivision north of the property. The rezoning, which shifted to an urban designation rather than rural, would allow lot sizes to be as small as 6,000 square feet, though the developer had emphasized that none of the lots would be this small and would be very close to the 10,000-square-foot minimum allowed for rural residential zoning.
Over the course of several public hearings, nearby residents shared concerns about the increased density, citing a lack of infrastructure to handle more vehicles and sewer hook-ups. They also argued the area generally lends itself more to an agricultural feel than an urban one. Phased plans for the remainder of Lee's property, which he did not rezone, have already moved forward with Bussell Homes buying and developing the first phase. This phase includes 35 lots in the northern-most portion of the property.
The Grays filed their legal action under state law that allows aggrieved persons to ask the circuit court to review commission decisions and reverse them "only if arbitrary and unreasonable."
In their petition, the plaintiffs argue the rezoning runs counter to the county's Comprehensive Plan, is an example of spot zoning, and does not consider the character of the surrounding properties. In arguing for reversal of the decision, the petition alleges the commission acted illegally by going against the Greene County Planning Board's decision to recommend denial and heard additional evidence not available to the planning board. One of the main differences between the final commission meeting and previous public hearings was the availability of city of Willard representatives, who spoke about water and sewer capacity.
In its filed answer, the county argues the Comprehensive Plan is a "general guide" that does not need to be followed strictly, the commission does not require planning board approval for legislative action, and if the courts find that the commission did receive additional evidence, which the commission denies, the correct action is to remand the case back to the planning board, not deny the rezoning. The affirmative defenses also claim the plaintiffs lack standing or have failed to state a claim for which relief can be granted.
Marta Mieze covers local government at the News-Leader. Have feedback, tips or story ideas? Contact her at mmieze@news-leader.com.
This article originally appeared on Springfield News-Leader: Lawsuit challenging Willard subdivision rezoning finally progresses
