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CITY OF DOVER v. BARTON

No. 98-907.

987 S.W.2d 705 (1999)

337 Ark. 186

CITY OF DOVER, Appellant, v. A.G. BARTON, et al., Appellees.

Supreme Court of Arkansas.

April 8, 1999.

Attorney(s) appearing for the Case

David H. McCormick, Russellville, AR, for Appellant.

Donald Wayne Bourne, James Dunham, Alexander Graham Strett, Russellville, AR, for Appellees.

ROBERT L. BROWN, Justice.

The City of Dover (hereinafter "Dover") appeals from a final decree enjoining Dover from constructing, operating, or maintaining a sewage-treatment facility due to a violation of Act 1336 of 1997, now codified at Ark.Code Ann. § 14-235-203 (Repl.1998). Because the trial court applied Act 1336 retroactively and because the appellees failed to exhaust their administrative remedies, we reverse and remand.

On July 22, 1996, the Dover...

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