Legal Opinion

40 Retail Corp. v. City of Clarksville

Supreme Court of Arkansas

Decided November 8, 2012No. 12-276PublishedCited by 2 opinions

1Opinion of the Court

COURTNEY HUDSON GOODSON, Justice.

| Appellant 40 Retail Corporation (40 Retail) appeals the order entered by the Johnson County Circuit Court granting appellee City of Clarksville’s (Clarksville) amended motion for summary judgment. For reversal, 40 Retail contends that the circuit court erred in ruling that principles of waiver and estoppel preclude its challenges to the validity and constitutionality of Clarksville’s ordinance regulating sexually oriented businesses. We agree and reverse and remand.

The material facts of this case are not in dispute. 40 Retail is an Arkansas corporation that…

2Cases cited19 opinions

  1. Arnett v. KennedySupreme Court of the United States · 1974
  2. Fahey v. MalloneeSupreme Court of the United States · 1947
  3. Kadrmas v. Dickinson Public SchoolsSupreme Court of the United States · 1988
  4. Helbig v. Zoning Commission of Noank Fire DistrictSupreme Court of Connecticut · 1981
  5. Dwight O. Brockert, Jr. v. Joel Skornicka, Mayor, and the City of Madison, Wisconsin, a Municipal CorporationCourt of Appeals for the Seventh Circuit · 1983

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3Cited by2 opinions

  1. Walls v. HumphriesSupreme Court of Arkansas · 2013
  2. Latonya Austin Honorable, Fifth Division Circuit Judge J. Leon Johnson, First Division Circuit Judge And Herbert Thomas Wright, Fourth Division Circuit Judge v. Barry Hyde, in His Official Capacity as County Judge Mike Hutchens, in His Official Capacity as Comptroller Chastity Scifres, in Her Official Capacity as Human Resources Director And Pulaski County, Arkansas Ex Rel. Barry Hyde, County JudgeSupreme Court of Arkansas · 2024

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