HOT SPRING CTY. SOLID WASTE AUTHORITY v. HOT SPRING COUNTY

No. CA 06-38.

240 S.W.3d 144 (2006)

HOT SPRING COUNTY SOLID WASTE AUTHORITY, Appellant, v. HOT SPRING COUNTY, Raymond Yerby, and Harold Thornton, Appellees.

Court of Appeals of Arkansas.

September 27, 2006.


Attorney(s) appearing for the Case

Wilson, Engstrom, Corum & Coulter, by Gary D. Corum, and Shirley E. Jones, Little Rock, AR, for appellant.

Ralph C. Ohm, Hot Springs, AR, for appellees.


OLLY NEAL, Judge.

The issue in this case is which of two governmental entities has the right to certain tax revenues. In 1991, Hot Spring County voters approved a one percent sales and use tax, to be used primarily to fund the operation of the appellant, Hot Spring County Solid Waste Authority (the SWA). By 2003, the total income generated by the tax exceeded SWA expenditures by $3,440,339.23, and, in 2004, the appellee, Hot Spring County, transferred that amount...

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