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KYZAR v. CITY OF WEST MEMPHIS

No. 04-338.

201 S.W.3d 923 (2005)

Garry KYZAR, Appellant, v. CITY OF WEST MEMPHIS, Billy Johnson, Mayor; The West Memphis Advertising and Promotion Commission, Frank Waggener, Chairman; Frank Martin, James Hold, Clarence Davis, Gheric Bruce, James Pulliaum, Ramona Taylor, Harold Thomas, Lorraine Robinson, Marco McClendon, Rev. Hermann Coleman, and Al Felton in their Official Capacity as Members of the West Memphis City Council, and Phillip Para, Appellees.

Supreme Court of Arkansas.

January 27, 2005.

Attorney(s) appearing for the Case

Mike Everett, Marked Tree, and Joe M. Rogers, West Memphis, AR, for appellant.

Erika Ross Gee, North Little Rock, and David Peeples, West Memphis, AR, for appellee.

JIM GUNTER, Justice.

Appellant, Garry Kyzar, appeals from an order from the Crittenden County Circuit Court granting a motion to dismiss filed by appellees, City of West Memphis et al. Appellant's complaint requested a writ of mandamus ordering appellees to call an election on a referendum petition concerning a tax increase. We affirm.

On June 26, 2003, the city council ("Council") of the City of West Memphis ("West Memphis") passed Ordinance 2072 ...

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