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CITY OF FT. SMITH v. MERRIOTT

No. CV-22-698.

660 S.W.3d 809 (2023)

2023 Ark. 51

CITY OF FORT SMITH, Arkansas, Appellant, v. Jennifer MERRIOTT, Individually and on Behalf of Those Similarly Situated, Appellee.

Supreme Court of Arkansas.

Opinion Delivered: March 16, 2023.

Attorney(s) appearing for the Case

Daily & Woods, P.L.L.C., Fort Smith, by: Jerry L. Canfield and Colby T. Roe , for appellant.

Monzer Mansour , Springdale, and W. Whitfield Hyman , Fort Smith, for appellee.

Jennifer Merriott, on behalf of the citizens and taxpayers of Fort Smith (Class), sued the City of Fort Smith after discovering that Fort Smith was dumping nearly all its recyclables in a landfill. Merriott claimed that Fort Smith's continued collection of monthly sanitation charges, which purportedly included...

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