DOLLARWAY PATRONS v. MOREHEAD

No. 09-826.

361 S.W.3d 274 (2010)

2010 Ark. 133

DOLLARWAY PATRONS FOR BETTER SCHOOLS and Felix Smart, Debbie Jenkins, Jaime Barajas and Mary Pringos (Individually and as Representatives of a Similarly Situated Class of Taxpayers and Patrons of the Dollarway School District), Appellants, v. Robert MOREHEAD, Cathy Hunt, Gene Stewart, Joe Blanks, Marvin Golden, Marvin Walker, and George Stepps (in their official capacities as members of the Board of Education of the Dollarway School District); the Dollarway Board of Education; the Dollarway School District; Mike Holcomb (in his official capacity as County Judge of Jefferson County, Arkansas); Mandy Alford, Glen Brown, Alfred Carroll, Herman Ginger, Sissy Granderson, John Graves, H.O. Gray, William Fox, Vanette Johnson, Cleddie Shock, Edward Spears, Curtis White and Delton Wright (in their official capacities as members of the Quorum Court of Jefferson County, Arkansas); Larry Fratesi (in his official capacity as Tax Assessor of Jefferson County, Arkansas); and Stephanie Stanton (in her official capacity as Tax Collector of Jefferson County, Arkansas), Appellees.

Supreme Court of Arkansas.

March 18, 2010.


Attorney(s) appearing for the Case

Trimble Law Firm, Little Rock , by: Don Trimble , and Hatfield & Sayre, by: Eugene G. Sayre , Little Rock, for appellants.

Laser Law Firm, by: Dan F. Bufford and Brian A. Brown , Little Rock, for appellees Dollarway School District and Dollarway Board of Education.


JIM GUNTER, Justice.

Appellants ("DPBS") appeal the circuit court's order dismissing their illegal exaction complaint. On appeal, appellants argue that the circuit court erred in: (1) dismissing the complaint under Rule 12(b)(6); (2) ordering a stay of discovery; and (3) not considering appellants' arguments regarding appellees' alleged conduct. Because this is a second or subsequent appeal following an appeal that has...

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