Legal Opinion · Dissent

Gravett v. Villines

Supreme Court of Arkansas

Decided October 4, 1993No. 93-688Published

1DissentSteele Hays, Justice

I disagree with the majority that Ordinance No. 93-OR-07 is unconstitutional because it was not passed in accordance with the requirements of Amendment 55, § 2(b) of the Constitution of Arkansas.

While it is clear that constitutional amendments take precedence over laws enacted by the legislature, nevertheless, the strongest presumptions of constitutionality attach to an ordinance. City of Hot Springs v. Carter, 310 Ark. 405, 836 S.W.2d 863 (1992); Board of Adjustment of Fayetteville v. Osage Oil and Transportation, Inc., 258 Ark. 91, 522 S.W.2d 836 (1975). If at all possible we are obliged to…

2Cases cited3 opinions

  1. Mears v. HallSupreme Court of Arkansas · 1978
  2. BOARD OF ADJUSTMENT, FAYETTEVILLE v. Osage Oil & Transp., Inc.Supreme Court of Arkansas · 1975
  3. City of Hot Springs v. CarterSupreme Court of Arkansas · 1992

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