LITTLE ROCK PORT AUTHORITY v. McCAIN

No. 88-95.

752 S.W.2d 44 (1988)

296 Ark. 130

LITTLE ROCK PORT AUTHORITY, Appellant, v. W. Ross McCAIN, Appellee.

Supreme Court of Arkansas.

June 27, 1988.


Attorney(s) appearing for the Case

Robert S. Shafer, Little Rock, for appellant.

James M. McHaney, Jr., Little Rock, for appellee.


GLAZE, Justice.

Appellant acquired a railroad liability insurance policy covering tort liability that might arise from the operation of its locomotive. Appellee, a taxpayer, filed a declaratory action against appellant, contending that the appellant's expenditure for the premium payment of such insurance was an illegal exaction and an abuse of appellant's discretion because appellant was entitled to governmental tort immunity pursuant to Ark.Code Ann. § 21-9...

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