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SKALLERUP v. CITY OF HOT SPRINGS

No. 08-611.

309 S.W.3d 196 (2009)

2009 Ark. 276

Russ SKALLERUP and Beauford E. Myers Individually and o/b/o a class of similarly situated persons, Burchwood Bay Sewer Improvement District and Carpenter Dam-Catherine Heights Sewer Improvement District, Appellants, v. CITY OF HOT SPRINGS, Arkansas and Honorable Mike Bush, Mayor of Hot Springs, Arkansas, in his official capacity, Appellees.

Supreme Court of Arkansas.

May 14, 2009.

Attorney(s) appearing for the Case

Arnold, Batson, Turner & Turner, PA, by: Todd Turner; and McMillan, McCorkle, Curry & Bennington, LLP, by: Toney McMillan, Arkadelphia, for appellant.

Brian W. Albright, City Attorney, Hot Springs, for appellee.

JIM HANNAH, Chief Justice.

Russ Skallerup and Beauford E. Myers, individually, and on behalf of a class of similarly situated persons; Burchwood Bay Sewer Improvement District; and Carpenter Dam-Catherine Heights Sewer District (collectively referred to as Skallerup) appeal from summary judgment entered in favor of the City of Hot Springs and Mike Bush in his official capacity as mayor (the City). Skallerup challenges the City's authority to charge nonresident City...

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