Legal counsel: appealing judge's decision would be 'uphill battle'

Tyrer Rezoning Case
(Source: KAIT)
(Source: KAIT)

JONESBORO, AR (KAIT) - Legal counsel for the City of Jonesboro spoke with city council members Tuesday night about their next options in a controversial rezoning case.

Since 2012, the city council denied a rezoning request by Dean Tyrer two times.

The request was for a piece of land on Aggie Road.

Tyrer wanted it zoned for higher density single-family housing.

After each time the city council denied the rezoning, Circuit Judge John Fogleman reversed the ruling. He stated that the council acted arbitrarily and capriciously.

Arkansas Public Entities Risk Management Association Attorney Burt Newell spoke with council members about where they can go from here.

He said they can appeal Judge Fogleman's decision or not.

"We have the burden of proving that the circuit court ruling was clearly erroneous. That's the standard," Newell said. "Any time you're appealing a judge's decision, it's an uphill battle."

In the end, the majority of the council decided to not appeal Judge Fogleman's decision.

Councilman Todd Burton was the only council member to vote for an appeal.

Copyright 2016 KAIT. All rights reserved.

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