Legal Opinion · Dissent

Green Star Supermarket, Inc. v. Stacy

Supreme Court of Arkansas

Decided March 6, 1967No. 5-4122Published

1DissentJohN A. Foglemak, Justice

I am compelled to disagree with my brethren of the majority. In the first place, I can find absolutely no authority for appellees to bring this action, even if it be conceded that injunction is an appropriate remedy in a case of this sort, which I do not. The majority find authority for appellees to seek equitable relief in their status as citizens only in, of all places, a city ordinance. This is a new departure for it has always, been considered that a city ordinance could not confer a right of action on anyone.

We must not lose sight of the .limitation on the powers and authority of…

2Cases cited24 opinions

  1. City of Little Rock v. RainesSupreme Court of Arkansas · 1967
  2. Wood v. Drainage District No. 2Supreme Court of Arkansas · 1913
  3. Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
  4. Ritholz v. Arkansas State Board of OptometrySupreme Court of Arkansas · 1944
  5. Herndon v. GregorySupreme Court of Arkansas · 1935

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