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CITY OF MARION v. BAIONI

No. 92-924.

850 S.W.2d 1 (1993)

312 Ark. 423

CITY OF MARION, Arkansas, et al., Appellants, v. Primo BAIONI, James R. Williford and Crittenden County Homebuilders Association, Appellees.

Supreme Court of Arkansas.

March 29, 1993.

Attorney(s) appearing for the Case

Hale, Fogleman & Rogers, West Memphis, for appellant.

Kent J. Rubens, West Memphis, for appellee.

GLAZE, Justice.

This case involves certain sewer and water "tap and access fees" the City of Marion has charged appellees, as developers of residential land in and around the city. Marion has experienced a considerable growth in population since 1975, and this influx of new people has resulted in the city exceeding the design capacity of both its water and sewer systems. Between July of 1988 and August of 1990, the city enacted a series of ordinances that placed ...

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