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McLANE SOUTHERN, INC. v. DAVIS

No. 05-990.

233 S.W.3d 674 (2006)

McLANE SOUTHERN, INC., Appellant, v. Charlie DAVIS, Director of the Arkansas Tobacco Control Board, and the Arkansas Tobacco Control Board, Appellees, Warren Wholesale Co., Inc., Tom Fitts Tobacco Co., Inc., Douglas Companies, Inc., Glidewell Distributing Co., Inc., Southern Wholesale, Inc., Ritchie Grocer Co., Inc., Northwest Tobacco and Candy Co., Merritt Wholesale Distributor, Inc., and Warehouse Distributing, Inc., Intervenors.

Supreme Court of Arkansas.

April 13, 2006.

Attorney(s) appearing for the Case

Williams & Anderson PLC, by: Peter G. Kumpe, Jess Askew III, and Georgia Robinette, Little Rock, AR, for appellant.

Mike Beebe, Att'y Gen., by: C. Joseph Cordi, Jr., and Arnold M. Jochums, Ass't Att'ys Gen., Little Rock, AR, for appellees.

Lax, Vaughan, Fortson, McKenzie & Rowe, P.A., by: Grant E. Fortson and Roger D. Rowe, Little Rock, AR, for appellee intervenors.

JIM GUNTER, Justice.

McLane Southern, Inc. ("McLane"), a Mississippi corporation licensed to do business in Arkansas, is a cigarette wholesaler. On July 17, 2003, McLane filed a complaint against the Arkansas Tobacco Control Board (the "Board"), requesting the circuit court to declare the Unfair Cigarette Sales Act, as amended by Act 627 of 2003 (the "Act"),1 unconstitutional under the due-process clauses of the Arkansas and United States...

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