CITY OF BENTON v. NETHERCUTT

No. 78-257.

574 S.W.2d 269 (1978)

CITY OF BENTON, Arkansas, Joe H. Caldwell, Mayor, Noel H. Butler, Jr., Charles F. Cunningham, Wilson DuVall, John G. McMahan, Lynn A. Moore and Gerald W. Porter, Directors, and Maurice Bennett, City Clerk, Appellants, v. Hugh NETHERCUTT, Reese Smithers, J. J. Perkins, Arch Cooper and Madison Cloud, et al., Appellees.

Supreme Court of Arkansas, In Banc.

December 18, 1978.


Attorney(s) appearing for the Case

Spitzberg, Mitchell & hays by Harold H. Simpson, II and Kent R. Foster, Little Rock, for appellants.

Harmon, Garrett & Moudy by Dan H. Harmon, Benton, for appellees.


HOWARD, Justice.

We are to determine whether the trial judge committed reversible error in concluding, in a declaratory judgment proceeding, that the City of Benton's referendum ordinance, requiring referendum petitions to be filed within 30 days after the passage of an ordinance on which a referendum is sought, is invalid, thus resulting in an order requiring a referendum on ordinances 1, 3, 33, 34, 36, 37, 38 and 39, although the referendum petitions were filed...

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