Legal Opinion

Abram v. City of Fayetteville

Supreme Court of Arkansas

Decided December 5, 1983No. 83-183PublishedCited by 5 opinions

1Opinion of the Court

Robert H. Dudley, Justice.

The issue on appeal is whether either the Free Exercise Clause of the First Amendment or the Religious Liberty Section of the Constitution of Arkansas, or both, authorize a church to operate a parochial school in defiance of a municipal zoning ordinance. The trial court held that the ordinance does not violate the church members’ liberty. We affirm. Jurisdiction to decide this constitutional issue is in the Supreme Court. Rule 29(1) (a).

On April 25,1980, the appellant, the Mission Boulevard Baptist Church, submitted its application for a conditional use permit to…

2Cases cited4 opinions

  1. Bd. of Zoning Ap. of Decatur v. Decatur, Ind. Co. of Jehovah's WitnessesIndiana Supreme Court · 1954
  2. Jewish Reconstructionist Synagogue of the North Shore, Inc. v. Incorporated Village of Roslyn HarborNew York Court of Appeals · 1975
  3. Seward Chapel, Inc. v. City of SewardAlaska Supreme Court · 1982
  4. Damascus Community Church v. Clackamas CountyCourt of Appeals of Oregon · 1980

3Cited by5 opinions

  1. City of Las Cruces v. HuertaNew Mexico Court of Appeals · 1984
  2. Arkansas Alcoholic Beverage Control Division v. PersonSupreme Court of Arkansas · 1992
  3. Opinion No., Arkansas Attorney General Reports2001
  4. Opinion No., Arkansas Attorney General Reports2002
  5. Opinion No., Arkansas Attorney General Reports2001

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