Legal Opinion
Barnhart v. City of Fayetteville, Ark.
Supreme Court of Arkansas
Decided June 26, 1995No. 94-969PublishedCited by 34 opinions
1Opinion of the Court
Robert H. Dudley, Justice.
The City of Fayetteville imposed a sanitation charge of $2.02 on each residence to pay a bonded indebtedness owed by the Northwest Resource Recovery Authority. Katherine Barnhart filed suit in chancery court alleging that the levy is a tax and an illegal exaction. The chancellor upheld the levy. We reverse and remand. The tax constitutes an illegal exaction.
On August 30, 1980, the Northwest Arkansas Resource Recovery Authority was formed pursuant to the Joint County and Municipal Solid Waste Act. See Ark. Code Ann. § 14-233-101 to -121 (1987). The Authority was…
2Cases cited15 opinions
- City of Little Rock v. CashSupreme Court of Arkansas · 1982
- Chemical Bank v. Washington Public Power Supply SystemWashington Supreme Court · 1983
- Moose v. GregorySupreme Court of Arkansas · 1979
- Russell v. TateSupreme Court of Arkansas · 1889
- Snodgrass v. PocahontasSupreme Court of Arkansas · 1934
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Clemmons v. Office of Child Support EnforcementSupreme Court of Arkansas · 2001
- Harris v. City of Little RockSupreme Court of Arkansas · 2001
- Rose v. Arkansas State Plant BoardSupreme Court of Arkansas · 2005
- Arkansas Department of Finance & Administration v. Pharmacy Associates, Inc.Supreme Court of Arkansas · 1998
- Maddox v. City of Fort SmithSupreme Court of Arkansas · 2001
29 more not listed; retrieve them via the Exa API.