Couple fighting decision to rezone Walker Park area
Posted on Saturday, August 16, 2008
Steve E. and Michele Allen Winkler on Thursday filed legal documents asking for a restraining order and injunctive relief in Washington County Circuit Court, and are appealing a rezoning decision of the Fayetteville City Council on July 15 concerning the Walker Park neighborhood.
The Winklers are appealing the council's decision to enact an ordinance rezoning property in Walker Park from multi-family residential to Neighborhood Conservation. Neighborhood Conservation allows single- and two-family dwellings.
The Winklers, who live in West Fork, own several parcels in the park neighborhood.
The Winklers claim the council in enacting the rezoning ordinance, acted arbitrarily, capriciously and unreasonably, according to the filing in Washington County Circuit Court.
They state that enforcement of the rezoning ordinance will result in irreparable harm and damage to them because they will be denied their intended use and purpose of the property. Winkler has requested the area be rezoned Downtown General to allow for construction of an apartment building on the property.
The Winklers are asking for a restraining order or preliminary injunction to keep the city from enforcing the rezoning ordinance.
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