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PRE-PAID SOLUTIONS INC. v. LITTLE ROCK

No. 00-794.

34 S.W.3d 360 (2001)

343 Ark. 317

PRE-PAID SOLUTIONS, INC., and Grady Bowers v. CITY OF LITTLE ROCK; Larry Jegley, Pulaski County Prosecuting Attorney; and Randy Johnson, Pulaski County Sheriff.

Supreme Court of Arkansas.

January 11, 2001.

Attorney(s) appearing for the Case

Dover & Dixon, P. A., by Darrin O'Quinn, Little Rock, for appellant.

Mark Pryor, Att'y Gen., by Lori Freno, Ass't Att'y Gen., Little Rock, for appellee Larry Jegley.

Judy Kaye Mason, Deputy City Att'y, Little Rock, for appellee City of Little Rock.

Karla Burnett and Amanda Mankin, Little Rock, for appellee Pulaski County Sheriff.

DONALD L. CORBIN, Justice.

The issue in this case is whether a certain type of telephone-card vending machine is an illegal gambling device or a lottery. Appellants Pre-Paid Solutions, Inc., and Grady Bowers filed a petition in the Pulaski County Circuit Court seeking a declaratory judgment that the machine is not a gambling device, under Ark.Code Ann. § 5-66-104 (Repl.1997), or a lottery, under Article 19, Section...

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