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CITY OF WEST HELENA v. SULLIVAN

No. 02-1154.

108 S.W.3d 615 (2003)

CITY OF WEST HELENA; Johnny Weaver, Individually and in His Official Capacity as Mayor of the City of West Helena, Arkansas; Ernest Simpson, Dana Flowers, Marvin Jarrett, Larry Wilson, Howard Taylor, Gail Mundt, Robert Gaston, and Louis O'Neal, Each Individually and in Their Official Capacity as City Councilmen for the City of West Helena, Arkansas, v. Connie SULLIVAN.

Supreme Court of Arkansas.

May 29, 2003.

Attorney(s) appearing for the Case

Don Trimble, Little Rock, for appellants.

Etoch & Halbert Law Firm, by: Charles Halbert, Jr., Helena, for appellee.

ANNABELLE CLINTON IMBER, Justice.

The City of West Helena, along with the members of the West Helena City Council, and the City's mayor, bring this interlocutory appeal from the circuit court's grant of class certification under Rule 23 of the Arkansas Rules of Civil Procedure. See Ark. R.App. P.-Civ. 2(a)(9) (2003). Because the action brought against the City is an illegal-exaction suit, it is a constitutionally created class action as a matter of law. Pursuant to...

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