Okerson v. Common Council of Hot Springs

[¶ 19.] I dissent.

[¶ 20.] The circuit court’s letter to the parties, dated July 11, 2008, states that “[t]he prime issue presented is: Whether the City’s February 19, 2008, decision to settle the golf course lawsuit is a legislative act or an administrative act?” (Emphasis added.) The circuit court concluded that the 2008 Settlement Agreement was an administrative act. As a consequence of this conclusion, the circuit court held that the 2008 Settlement Agreement was not subject to referendum, and refused to enter a writ of mandamus. As a part of their argument that a writ of mandamus should…