Kyzar v. City of West Memphis

Jim Gunter, Justice.

Appellant, Garry Kyzar, appeals from an order from the Crittenden County Circuit Court granting a motion to dismiss filed by appellees, City of West Memphis et al. Appellant’s complaint requested a writ of mandamus ordering appellees to call an election on a referendum petition concerning a tax increase. We affirm.

On June 26, 2003, the city council (“Council”) of the City of West Memphis (“West Memphis”) passed Ordinance 2072 (“ordinance”), which levied a one-percent tax upon the gross receipts or gross proceeds from the sale of prepared foods and beverages and from the…