OZARK MT. REG'L PUB. WATER v. ATTY. GEN.

No. CV-19-454.

598 S.W.3d 864 (2020)

2020 Ark. App. 180

OZARK MOUNTAIN REGIONAL PUBLIC WATER AUTHORITY of the State of Arkansas, Appellant v. ARKANSAS ATTORNEY GENERAL; Arkansas Department of Health; Nathaniel Smith, MD, MPH, in His Official Capacity as Director/Secretary of the Arkansas Department of Health; Jim Lambert, in His Official Capacity as President of the Arkansas State Board of Health; and Terry Yamauchi, MD; Glen "Eddie" Bryant, MD; Clark Fincher, MD; Anthony N. Hui, MD; James Zini, DO; Catherine Tapp, MPH; Beverly Foster, DC; George Harper, JD; Robbie Thomas Knight, MD; Alan Fortenberry, PE; Perry Amerine; Gary Bass, Pharm D; Anika Whitfield, DPM; Peggy Walker, RN, MSN; Susan Jones, MD; Thomas Jones, RS; Lee Johnson, MD; Susan Weinstein, DVM; Miranda Childs-Bebee; and Lawrence Braden, MD, in Their Official Capacities as Duly Appointed and Acting Members of the Arkansas State Board of Health, Appellees.

Court of Appeals of Arkansas, DIVISION III.

Opinion Delivered: March 18, 2020.


Attorney(s) appearing for the Case

Friday, Eldredge & Clark, LLP, Little Rock, by: Bruce B. Tidwell and Joshua C. Ashley , for appellant.

Reginald A. Rogers , Deputy General Counsel, for appellee Arkansas Department of Health.

Leslie Rutledge , Att'y Gen., by: Vincent P. France , Ass't Att'y Gen., for appellee State of Arkansas.


Ozark Mountain Regional Public Water Authority of the State of Arkansas (Ozark) appeals the Boone County Circuit Court order affirming the Arkansas State Board of Health's (the Board's) decision finding that Arkansas Code Annotated section 20-7-136 (Repl. 2018) (Act 197) applied to Ozark and that Act 197 was not unconstitutionally...

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