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BENTON COUNTY v. CITY OF BENTONVILLE

No. 07-394.

284 S.W.3d 52 (2008)

BENTON COUNTY, Arkansas, Appellant, v. CITY OF BENTONVILLE, City of Siloam Springs, City of Rogers, City of Pea Ridge, City of Centerton, City of Garfield, and City of Avoca, Appellees,

Supreme Court of Arkansas.

Rehearing Denied June 19, 2008.

Attorney(s) appearing for the Case

Robin Green, Benton County Attorney, Bentonville, AR, for appellant.

Harrington, Miller, Neihouse & Kieklak, P.A., by: Thomas N. Kieklak, Springdale, AR, for appellees.

Clark & Spence, by: George R. Spence, Bentonville, AR, for appellee City of Bentonville.

JIM HANNAH, Chief Justice.

Benton County, Arkansas, appeals an order of the Benton County Circuit Court granting summary judgment in favor of the cities of Bentonville and Siloam Springs and finding that Benton County failed to bear its burden of proving that Act 219 of 1963 cannot be rationally related to achieving a legitimate governmental purpose. Under this court's precedent, an act of the General Assembly will not be declared unconstitutional under Amendment...

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