Judge: Lowell Special Election for Rezoning Reversal is Nixed

Lowell Rezoning - Old Wire Road

While a formal order to halt a Lowell special election is yet to be entered — Benton County Circuit Judge Doug Schrantz granted a temporary order Wednesday, February 20, to stop the April 9 election. 

The special election involves reversing a rezoning request approved by the Bentonville City Council at the November 13 meeting, which approved the rezoning.

The city council voted at its January 15 meeting to have a special election.

The landowner, Tuscany Vines, is the subject of the referendum.  Rogers attorney Jennifer Gray filed the lawsuit, which names more than a dozen elected, and, or, people.

Gray argues that all referendum petitions missed the filing deadline and for that reason, the election should be canceled.

On the flip side, this decision [canceled election] means costs are avoided, “costs, such as printing ballots, paid by the city … but it really means it’s paid by taxpayer money,” said Benton County Attorney George Spence.  

The referendum involves rezoning land on Old Wire Road, east of McClure Road. 

The land would be rezoned to allow multifamily housing, currently, it’s zoned as residential.

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