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MORNINGSTAR v. BUSH

No. 11-143.

383 S.W.3d 840 (2011)

2011 Ark. 350

Roberta MORNINGSTAR and Doyle Shirley, on Behalf of Themselves and All Taxpayers Similarly, Situated Appellants v. Mike BUSH, in His Official Capacity as Mayor of The City of Hot Springs, Arkansas; and Peggy Brunner-Maruthur, Elaine Jones, Cynthia Keheley, Carroll Weatherford, Rick Ramick, and Tom Daniel, in Their Official Capacities as Members of the Board Of Directors of The City of Hot Springs, Arkansas, Appellees.

Supreme Court of Arkansas.

September 15, 2011.

Attorney(s) appearing for the Case

Howard Gregory Campbell , Little Rock, for appellants.

Brian Wade Albright , Hot Springs, for appellees.

KAREN R. BAKER, Justice.

The Board of Directors of the City of Hot Springs adopted Ordinance No. 5629 (the "Ordinance") on January 8, 2008. The ordinance established a Stormwater Utility Fund (the "Fund") and imposed a Stormwater Utility Fee (the "Fee") on municipal utility accounts within the City of Hot Springs's (the "City") corporate limits. The Ordinance fixed a fee of $6 per month for commercial and industrial accounts and $3 per month for residential accounts...

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