Legal Opinion · Dissent

Phillips v. Town of Oak Grove

Supreme Court of Arkansas

Decided May 7, 1998No. 97-898Published

1DissentTom Glaze, Justice

I agree with the majority’s conclusions that municipal corporations may, under the police power, legislate for the protection of the public health and may also regulate lawful businesses that pose the possibility of harm. However, I strongly disagree with the determination that the Town of Oak Grove, and other towns and cities, can prohibit such businesses when a rational basis can be shown for the deprivation. In truth, what the majority’s decision has accomplished is nothing short of sending out a loud message that if municipalities want to get rid of what they wish to label an undesired…

2Cases cited5 opinions

  1. Wometco Services, Inc. v. GaddySupreme Court of Arkansas · 1981
  2. Piggott State Bank v. State Banking BoardSupreme Court of Arkansas · 1967
  3. Goldman & Co. v. City of North Little RockSupreme Court of Arkansas · 1952
  4. City of Morrilton v. Malco Theatres, Inc.Supreme Court of Arkansas · 1941
  5. Hackler v. City of Fort SmithSupreme Court of Arkansas · 1964

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