The state of Arkansas has appealed a Jefferson County circuit judge’s ruling that prohibits the Arkansas Department of Community Correction from operating halfway or transitional housing for paroled inmates without the approval of the Pine Bluff Planning Commission.
Assistant Attorney General Scott P. Richardson sent a notice of the appeal on May 29, the same day Circuit Judge Rob Wyatt Jr. granted an injunction requested by the city dealing with the transitional housing.
Richardson said in the notice that the appeal was being taken to the state Supreme Court because the issue involves interpreting the state constitution and also involves “questions of law concerning the validity, construction or interpretation of an act of the General Assembly.”
Wyatt’s ruling noted that Arkansas Code authorizes a municipality to adopt land use plans and comprehensive zoning, like the plan Pine Bluff adopted in 1999 when the property was annexed into the city limits.
“Arkansas Code requires compliance with local zoning ordinances before a transitional housing facility can lawfully operate,” Wyatt said in the ruling, which followed a hearing on the issue May 7.
Independent reporting for Pine Bluff & Jefferson County since 1879.
At that hearing, City Attorney Althea Hadden-Scott argued when the property was annexed, it was grandfathered in under the zoning code and any change in the use of the property would require prior approval from the planning commission or city council.
DCC had planned to convert four duplexes that were formerly used to house department personnel in training into transitional living facilities for up to 30 inmates who had been paroled, but had no place to go.
Area residents had complained to the council and others that the facilities would be used to house violent or sex offenders but DCC personnel said they had not made a determination on who would be selected for the program or how long they would stay.
Inmates housed at the facility would be expected to work and pay rent, as well as maintain the property.
Wyatt’s ruling will remain in effect until the department applies for and is granted a use permit on review by the city, until Wyatt issues further orders or unless an appeal is granted by the supreme court.