City of Benton v. Nethercutt

George Howard, Jr., Justice.

We are to determine whether the trial judge committed reversible error in concluding, in a declaratory judgment proceeding, that the City of Benton’s referendum ordinance, requiring referendum petitions to be filed within 30 days after the passage of an ordinance on which a referendum is sought, is invalid, thus resulting in an order requiring a referendum on ordinances 1, 3, 33, 34, 36, 37, 38 and 39, although the referendum petitions were filed more than 30 days after the passage of the ordinances.

THE FACTS

On December 20, 1977, the Board of Directors of the City…