Legal Opinion · Dissent

Trice v. City of Pine Bluff

Supreme Court of Arkansas

Decided April 25, 1983No. 82-233Published

1DissentDarrell Hickman, Justice

Rather than go to the record to reverse this decision, we should only go to the record to affirm the decision. Rather than view the evidence most favorably to the appellant, we must view it most favorably to the appellee. Hamlin Flying Service, Inc. v. Breckenridge, 275 Ark. 188, 628 S.W.2d 312 (1982). Rather than search for a way to find an ordinance unconstitutional we must first presume it is constitutional and try to give it a construction which would meet constitutional tests if that construction is reasonable. Board of Adjustment of Fayetteville v. Osage Oil & Transportation, Inc., 258…

2Cases cited9 opinions

  1. Davis v. SmithSupreme Court of Arkansas · 1979
  2. Henderson v. RussellSupreme Court of Arkansas · 1979
  3. Martin v. StateSupreme Court of Arkansas · 1977
  4. Jordon v. StateSupreme Court of Arkansas · 1982
  5. BOARD OF ADJUSTMENT, FAYETTEVILLE v. Osage Oil & Transp., Inc.Supreme Court of Arkansas · 1975

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