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WILLIAMS v. CITY OF FAYETTEVILLE

No. 01-211.

76 S.W.3d 235 (2002)

348 Ark. 768

George WILLIAMS and Dorothy Cox, v. CITY OF FAYETTEVILLE, Arkansas; Advertising and Promotion Commission of the City of Fayetteville, Arkansas; Bekka Development Co.; Nabholz Construction Corporation; and Wittenberg, Delony & Davidson, Inc.

Supreme Court of Arkansas.

May 16, 2002.

Attorney(s) appearing for the Case

The Evans Law Firm, P.A., by Marshall Dale Evans and Karen Pope Greenaway, Fayetteville, The Hirsch Law Firm, P.A., by E. Kent Hirsch, Springdale, and Pettus Law Firm, P.A., by E. Lamar Pettus, for appellants.

Bassett Law Firm, by Woody Bassett and James M. Graves; and Kit Williams, Fayetteville, for appellee City of Fayetteville.

Davis, Wright, Clark, Butt & Caruthers, PLC, by Constance G. Clark and William Jackson Butt, Fayetteville, for appellee Bekka Development Co.

Boyer, Schrantz, Rhoads & Teague, by Ronald L. Boyer, Rogers; and Friday, Eldredge & Clark, by John Dewey Watson, Little Rock, for appellee Nabholz Construction Corp.

Conner & Winters, PLLC, by John R. Elrod and Terri Dill Chadick, Fayetteville, for appellee Wittenberg, Delony & Davidson, Inc.

JIM HANNAH, Justice.

This case involves the question of whether a bond measure presented to the public for approval pursuant to Amendment 62 of the Arkansas Constitution may not only approve issuance of bonds but may also act as a restraint on a municipality's ability to expend other funds on the same project. This case also presents questions of illegal exaction in expenditure of general funds.

Appellants present three issues in their brief. The first issue...

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