Collier v. City of Springdale

McMILLIAN, Circuit Judge.

The City of Springdale and the Spring-dale Water and Sewage Commission appeal from a final judgment entered in the District Court for the Western District of Arkansas after a jury trial awarding Barron Collier $36,740.00 for damages he sustained as the result of two sewage discharges. For reversal appellants argue that although Collier’s property has been appropriated for public use, Arkansas law protects his constitutional right to just compensation and thus Collier has failed to demonstrate a constitutional violation cognizable under 42 U.S.C. § 1983. We agree. For…