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BARNHART v. CITY OF FAYETTEVILLE, ARK.

No. 94-969.

900 S.W.2d 539 (1995)

321 Ark. 197

Katherine BARNHART, for herself and all others similarly situated, Appellant, v. CITY OF FAYETTEVILLE, Arkansas; City of West Fork, Arkansas; Washington County, Arkansas; and Northwest Arkansas Resource Recovery Authority, Appellees, Union National Bank, Little Rock, Arkansas; and Financial Guaranty Insurance Company, Appellees.

Supreme Court of Arkansas.

June 26, 1995.

Attorney(s) appearing for the Case

E. Kent Hirsch, Springdale, Marshall Dale Evans, Fayetteville, George K. Cracraft, Little Rock, for appellant.

William H. Sutton, Larry W. Burks, Jeffrey H. Moore, Little Rock, for Financial Guar. Ins. Co. & Union Nat. Bank.

Walter R. Niblock, Katherine C. Gay, Fayetteville, for appellee.

DUDLEY, Justice.

The City of Fayetteville imposed a sanitation charge of $2.02 on each residence to pay a bonded indebtedness owed by the Northwest Resource Recovery Authority. Katherine Barnhart filed suit in chancery court alleging that the levy is a tax and an illegal exaction. The chancellor upheld the levy. We reverse and remand. The tax constitutes an illegal exaction.

On August 30, 1980, the Northwest Arkansas Resource Recovery Authority was formed...

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