WSC, INC. v. CITY OF JACKSONVILLE

No. 89-276.

789 S.W.2d 448 (1990)

302 Ark. 295

WSC, INC., d/b/a Wilkins Sanitation Co., Appellant, v. The CITY OF JACKSONVILLE, Arkansas, and Tommy Swain, Mayor of the City of Jacksonville, Appellees.

Supreme Court of Arkansas.

May 14, 1990.


Attorney(s) appearing for the Case

Charles L. Carpenter, Little Rock, for appellant.

Keith Vaughan, Jacksonville, for appellees.


TURNER, Justice.

This case presents a challenge to a Jacksonville city ordinance levying a fee on trash collection businesses within the city. The ordinance provides for a fee or tax equal to ten percent of their "gross receipts per month for services rendered within the city limit." The chancellor found that the tax, though characterized as a privilege tax, was in fact a franchise fee arising from a contractual relationship between the parties. There was no writing...

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