Attorney files suit over denial of gun shop CUP

An attorney representing a Eureka Springs business owner whose application for a conditional use permit to operate a gun and pawn shop was denied by the Eureka Springs City Council filed a complaint Tuesday in Carroll County Circuit Court seeking a reversal of that decision.

W. Whitfield Hyman of the King Law Group in Fort Smith filed the complaint on behalf of Keeling Grubb and Eureka Gun and Pawn.

In the complaint, Hyman argues that the city council’s denial of the conditional use permit violates several sections of the Arkansas state constitution.

Hyman also writes that after the council denied the conditional use permit, the city sent a letter to the plaintiffs “threatening revocation of their business license and other penalties, if the Plaintiff did not take down the signs at his business which state ‘Eureka Gun and Pawn.’ ” In addition to asking the court to direct the city to issue a conditional use permit, the complaint also seeks compensatory and punitive damages, attorney’s fees and costs.