Legal Opinion · Dissent

Green v. City of Jacksonville

Supreme Court of Arkansas

Decided May 27, 2004No. 03-563Published

1DissentJim Hannah, Justice

I respectfully dissent. I first J note that the majority relies on Ingram v. City of Pine Bluff, 355 Ark. 129, 133 S.W.3d 382 (2003), and City of Jonesboro v. Vuncannon, 310 Ark. 366, 837 S.W.2d 286 (1992), in error. In neither case was the issue of an ultra vires act even raised and neither case involved the question of whether the City Council has the authority to veto a decision of the planning commission approving the final plat and “as built”plans. The reliance on the wrong precedent causes the majority to err. In Ingram, supra, the issue was over a resolution passed by the City Council…

2Cases cited21 opinions

  1. Arkansas Tech University v. LinkSupreme Court of Arkansas · 2000
  2. Wilson v. Pulaski Ass'n of Classroom TeachersSupreme Court of Arkansas · 1997
  3. Shellnut v. Arkansas State Game & Fish CommissionSupreme Court of Arkansas · 1953
  4. Ingram v. City of Pine BluffSupreme Court of Arkansas · 2003
  5. Night Clubs, Inc. v. Fort Smith Planning CommissionSupreme Court of Arkansas · 1999

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