Arkansas Oklahoma Gas Corp. v. City of Van Buren

Sam Bird, Judge.

Arkansas Oklahoma Gas Corporation (AOG) filed suit on October 25, 1996, in the Crawford County Circuit Court seeking a declaration of its rights under its franchise agreement with the City of Van Burén.1 AOG’s amended complaint alleges that AOG pays the city a franchise fee of $49,500 per year; that the city has failed to protect the public’s use of the public rights-of-way by allowing private commercial entities to use public rights-of-way for private purposes without the payment of a franchise fee; and that the city could not, consistent with the state and federal…