City of West Helena v. Sullivan

Annabelle Clinton Imber, Justice.

The City of West Helena, along with the members of the West Helena City Council, and the City’s mayor, bring this interlocutory appeal from the circuit court’s grant of class certification under Rule 23 of the Arkansas Rules of Civil Procedure. See Ark. R. App. P. — Civ. 2(a)(9) (2003). Because the action brought against the City is an illegal-exaction suit, it is a constitutionally created class action as a matter of law. Pursuant to our recent holding in T&T Chemical, Inc. v. Priest, 351 Ark. 537, 95 S.W.3d 750 (2003), we dismiss the appeal for lack of…