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BARNHART v. CITY OF FAYETTEVILLE

No. 97-1524.

977 S.W.2d 225 (1998)

335 Ark. 57

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

Supreme Court of Arkansas.

November 5, 1998.

Attorney(s) appearing for the Case

Karen Pope Greenaway, Fayetteville, for Appellant.

Robert H. Baron, New York, New York, George E. Butler, Fayetteville, Larry W. Burks, Little Rock, Jerome J. Paddock, Fayetteville, for Appellee.

GLAZE, Justice.

This class-action suit was commenced by Katherine Barnhart and others on August 29, 1989. Barnhart alleged that a Fayetteville ordinance levying a sanitation charge on city residents to pay a bonded indebtedness owed by the Northwest Resource Recovery Authority (Authority) was an illegal tax and exaction. While the trial court ruled the charge was valid as a fee, we disagreed and held the surcharge was an...

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