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CITY OF CAVE SPRINGS v. CITY OF ROGERS

No. 00-669.

37 S.W.3d 607 (2001)

343 Ark. 652

CITY OF CAVE SPRINGS, Arkansas, and the Cave Springs Planning Commission v. CITY OF ROGERS, Arkansas, the Reaves Family Limited Partnership, Wayne Simpson and Pat Simpson, Trustees of the Simpson Family Revocable Trust, and Mark Pryor, Attorney General for the State of Arkansas.

Supreme Court of Arkansas.

February 15, 2001.

Attorney(s) appearing for the Case

Jim D. Johnson, P.A., by Jim Johnson, Bentonville, for appellants.

Jim Clark and Ben Lipscomb, Office of Rogers City Attorney, and Watkins & Scott, P.L.L.C., by William P. Watkins, Rogers, for appellees.

CORBIN, Justice.

Appellants City of Cave Springs and the Cave Springs Planning Commission filed an action for declaratory judgment in the Benton County Circuit Court seeking a determination that Act 779 of 1999 is unconstitutional. Act 779 ("An Act to Assist Landowners to Obtain Municipal Services; and for Other Purposes") was enacted by the Arkansas General Assembly on March 22, 1999. The Act provides that "[a] landowner or group of landowners seeking additional...

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