First State Bank & Pinnacle Bank v. City of Elkins

This case presents a question of law certified to this court by the United States District Court for the Western District of Arkansas in accordance with Rule 6-8 of the Rules of the Supreme Court. The federal district court certified the following question:

Whether Ark. Code Ann. § 14-56-202 confers upon cities of the first class the *479exclusive power to issue or refuse to issue building permits and to regulate the building of houses, and thereby denies such power to cities of the second class, despite the "general powers" listed in Ark. Code Ann. § 14-56-201.[1 ]

As set out below, we answer the…