MMSC, LLC, F/K/A MMSW, LLC v. WASHINGTON COUNTY, ARKANSAS; QUORUM COURT OF WASHINGTON COUNTY, ARKANSAS; JOSEPH K. WOOD, IN HIS OFFICIAL CAPACITY AS COUNTY JUDGE; DINAH DICKERSON; CAROLINE COX; STEPHANIE FOSTER; MARTY MATLOCK; AND THE HIGHLAND COMMUNITY ASSOCIATION

── MMSC, LLC, F/K/A MMSW, LLC v. WASHINGTON COUNTY, ARKANSAS; QUORUM COURT OF WASHINGTON COUNTY, ARKANSAS; JOSEPH K. WOOD, IN HIS OFFICIAL CAPACITY AS COUNTY JUDGE; DINAH DICKERSON; CAROLINE COX; STEPHANIE FOSTER; MARTY MATLOCK; AND THE HIGHLAND COMMUNITY ASSOCIATION ── Court: Supreme Court of Arkansas Date: March 19, 2026 Category: General Cite as 2026 Ark. 56 SUPREME COURT OF ARKANSAS No. CV-21-282 Opinion Delivered: March 19, 2026 MMSC, LLC, F/K/A MMSW, LLC APPELLANT APPEAL FROM THE WASHINGTON COUNTY CIRCUIT COURT V. [NO. 72CV-19-1297] HONORABLE JOHN C. THREET, WASHINGTON COUNTY, JUDGE ARKANSAS; QUORUM COURT OF WASHINGTON COUNTY, ARKANSAS; JOSEPH K WOOD, IN REVERSED AND REMANDED; HIS OFFICIAL CAPACITY AS COURT OF APPEALS’ OPINION COUNTY JUDGE; DINAH VACATED. DICKERSON; CAROLINE COX; STEPHANIE FOSTER; MARTY MATLOCK; AND THE HIGHLAND COMMUNITY ASSOCIATION APPELLEES BARBARA W. WEBB, Justice MMSC, LLC, appeals from the Washington County Circuit Court’s order affirming the quorum court’s denial of MMSC’s application for a conditional use permit to operate a red-dirt surface mine in an unincorporated area of Washington County. MMSC argues on appeal that the circuit court erred by (1) applying an arbitrary and capricious standard of review of the quorum court’s decision rather than conducting a de novo review; (2) finding that Arkansas Code Annotated section 14-17-211 (Repl. 2013), which expressly requires de novo review of the quorum court’s decision, was unconstitutional; and (3) finding that the quorum court’s denial of its application was not arbitrary and capricious. We reverse and remand.  I. Background In 2018, MMSC, operating as Heritage Farms, requested a conditional use permit from Washington County. It sought to operate a red-dirt surface mine on approximately twenty acres in an unincorporated area of the county. This property was zoned for “agricultural and single-family residential” uses only. The county planning office prepared a packet with the details of MMSC’s application, which was to be heard by the Washington County Planning Board. The planning office staff withheld a recommendation on whether the permit should have been granted or denied. The planning board voted to deny MMSC’s application for a conditional use permit. MMSC appealed the decision to the quorum court. The quorum court ultimately voted to uphold the planning board’s denial of the permit. The decision was reflected in Washington County Ordinance No. 2019-26. MMSC appealed to the Washington County Circuit Court. Dinah Dickerson, Caroline Cox, Stephanie Foster, Marty Matlock, and the Highland Community Association moved to intervene as “residents, landowners, and a neighborhood association” near the site of the proposed mine. The circuit court granted the motion over MMSC’s objection. MMSC moved for summary judgment, arguing that the quorum court’s denial of its application was “arbitrary, capricious, and against the objective evidence” that was presented. Respondents, Washington County, the Washington County Quorum Court, and Joseph K. Wood, in his official capacity as Washington County judge, responded, asserting that a genuine dispute remained as to whether MMSC satisfied the criteria set out 2 in Washington County Code of Ordinances § 11-200. Intervenors also responded, arguing that MMSC’s motion should be denied for failure to cite a standard of review or include a discussion as to whether the quorum court’s action was legislative or administrative in nature. They also argued that the evidence presented weighed in favor of denying the application under the criteria for approval of conditional use permits set forth in Washington County Code of Ordinances