Goodall v. Williams

I respectfully dissent from the majority opinion because I cannot agree that Ark. Stat. Ann. § 48-311 (E) (Repl. 1977) is unconstitutional. By trying the case de novo, the circuit court is required to determine a question of “public convenience and advantage,” but I find this no more of an executive decision that is required of the circuit court and this court in many other statutorily authorized de novo appeals and de novo reviews of decisions of administrative boards and commissions.

This court made perfectly clear in Byrd v. Jones, 263 Ark. 406, 565 S.W. 2d 531 (1978), that there are two…