HASHA v. CITY OF FAYETTEVILLE

No. 92-578.

845 S.W.2d 500 (1993)

311 Ark. 460

Robert L. HASHA, Jim McDonald, Marlene Ray, Andre Miller, J.D. Gosnell and Bradley L. Lewis, Individually and on Behalf of all Other Person Similarly Situated, Appellants, v. CITY OF FAYETTEVILLE, Arkansas and Arvest Trust Company, National Association, Appellees.

Supreme Court of Arkansas.

January 19, 1993.


Attorney(s) appearing for the Case

John Lisle, Springdale, for appellants.

Jerry E. Rose, Fayetteville, for City of Fayetteville.

Friday, Eldredge & Clark, Larry W. Burks, Jeffrey H. Moore, Little Rock, for Arvest Trust Co.


DUDLEY, Justice.

This is a illegal exaction suit. The taxpayers allege that a primary purpose of the tax has failed and that an injunction should be issued against its continued collection. The chancellor denied relief. We hold that the tax constitutes an illegal exaction and reverse and remand with instructions.

The constitutional provisions and statutes that are applicable to this case are as follows. Article 12, section 3 of the Constitution of Arkansas...

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