City of Fort Smith v. Carter

I agree that Rule 11 sanctions are not appropriate in this case. I must, however, dissent from the majority’s tortured reasoning. What the majority has done is apply a 1995 attorney’s fee statute which amended an 1895 act (subchapter six) to a separate 1957 act, which set up a new procedure (subchapter four). The effect of this decision will be to saddle all municipalities with attorney’s fees even when the cities proceed under procedures in different subchapters where attorney’s fees are not contemplated. That is not right and defies legislative intent. Plus, it is unfair to those…