Camden Community Development Corp. v. Sutton

5 S.W.3d 439, 339 Ark. 368, 1999 Ark. LEXIS 616
CourtSupreme Court of Arkansas
DecidedDecember 2, 1999
Docket99-258
StatusPublished
Cited by15 cases

This text of 5 S.W.3d 439 (Camden Community Development Corp. v. Sutton) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Camden Community Development Corp. v. Sutton, 5 S.W.3d 439, 339 Ark. 368, 1999 Ark. LEXIS 616 (Ark. 1999).

Opinions

Ray THORNTON, Justice.

In 1998, appellant, Camden Community Development Corporation, sought permission to rezone its property from a zoning category of RS-2 (residential) to a zoning category of M-2 (manufacturing). The City of Camden Planning Commission (the Commission) recommended appellant’s proposal to the Board of Alderman of the City of Camden (the City Board). On September 8, 1998, the proposal faded to be adopted by the City Board.

After the City Board’s failure to approve the proposed rezoning, appellant circulated an initiated petition seeking to put the issue on the November ballot. Appellant’s petition for rezoning of its property was certified to be placed on the ballot for the November general election.

On October 12, 1998, appellees, Mildred McKinney, Mary Bennett, and Deborah Porchia, on behalf of the Fairview Community Defense Committee, filed suit in the Ouachita County Circuit Court against appellees, Mary Jo Sutton, Velma McBeth Slaughter, and Josh Colvert, as members of the Ouachita Board of Election Commission, seeking to remove the initiative from the ballot. On October 14, 1998, appellant filed a motion to intervene in the matter.

On October 27, 1998, a hearing on the matter was held. The trial court defined the issue in the case as “whether zoning and/or rezoning of property can be accomplished through an initiated act when there is in place a comprehensive planning and zoning code.” On November 30, 1998, the trial court found that “issues concerning whether to rezone are administrative decisions, not legislative, and thus are not subject to the initiative process.” The findings of the trial court were returned too close to the election to remove the measure from the ballot, and the voters rejected the measure. Because the issues raised are likely to recur, we accept the case and affirm the trial court.

Appellant contends that the trial court erred when it did not allow rezoning by initiative pursuant to the initiative and referendum powers granted to the people by Amendment 7 to the Constitution of Arkansas and raises three point on appeal.1

We first consider the statutory provisions granting municipalities authority to adopt zoning plans, ordinances, and regulations. Specifically, Ark. Code Ann. § 14-56-422 (Repl. 1998) provides:

[A]ll plans, recommended ordinances, and regulations shall be adopted through the following procedure:
(1) (A) The planning commission shall hold a public hearing on the plans, ordinances, and regulations proposed under this subchapter.
(B) Notice of public hearing shall be published in a newspaper of general circulation in the city, at least one (1) time fifteen (15) days prior to the hearing.
(2) Following the public hearing, proposed plans may be adopted and proposed ordinances and regulations may be recommended as presented, or in modified form, by a majority vote of the entire commission.
(3) Following its adoption of plans and recommendation of ordinances and regulations, the commission shall certify adopted plans or recommended ordinances and regulations to the legislative body of the city for its adoption.
(4) The legislative body of the city may return the plans and recommended ordinances and regulations to the commission for further study or recertification or, by a majority vote of the entire membership, may, by ordinance or resolution, adopt the plans and recommended ordinances or regulations submitted by the commission. However, nothing in this subchapter shall be construed to limit the city council’s authority to recall the ordinances and resolutions by a vote of a majority of the council.
(5) Following adoption by the legislative body, the adopted plans, ordinances, and regulations shall be filed in the office of the city clerk. The city clerk shall file, with the county recorder of the counties in which territorial jurisdiction is being exercised such plans, ordinances, and regulations as pertain to the territory beyond the corporate limits.

Id. Additionally, Ark. Code Ann. § 14-56-423 (Repl. 1998) states:

After adoption of plans, ordinances, and regulations and proper filing in the offices of city clerk and county recorder, no alteration, amendmen t, extension, abridgement, or discontinuance of the plans, ordinances, or regulations may be made except in conformance with the procedure prescribed in 14-56-422, or by a majority vote of the city council.

Id. The provisions of Amendment 7 to the Arkansas Constitution reflect the principle that no local legislation may be enacted which contravene general laws.

We must next determine whether the actions taken by the Commission and the City Board were legislative or administrative. This determination is important because an initiated action may be used only to address legislative actions. See Chastain v. City of Little Rock, 208 Ark. 142, 185 S.W.2d 95 (1945). In Scroggins v. Kerr, 217 Ark. 137, 228 S.W.2d 995 (1950), we outlined a test for determining the difference between legislative action and administrative action. We stated:

Both legislative and executive powers are possessed by municipal corporations. . . . The crucial test for determining what is legislative and what is administrative is whether the ordinance is one making a new law, or one executing a law already in existence. . . . Executive powers are often vested in the council or legislative body and exercised by motion, resolution or ordinance. Executive action evidenced by ordinance or resolution is not subject to the power of the referendum, which is restricted to legislative action as distinguished from mere administrative action. The form or name does not change the essential nature of the real step taken. The referendum ... is designed to be directed against “supposed evils of legislation alone”. “To allow it to be invoked to annul or delay executive conduct would destroy the efficiency necessary to the successful administration of the business affairs of a city.” 1 McQuiUin, Municipal Corporations (2d Ed., Rev., 1940) 1000.

Scroggins, supra.; see also City of North Little Rock v. Gorman, 264 Ark. 150, 568 S.W.2d 481 (1978); Cochran v. Black, 240 Ark. 393, 400 S.W.2d 280 (1966). In Scroggins, we also noted that legislative bodies may delegate the power to make administrative rules, but under most circumstances may not delegate the right to enact legislation, nor can the city directors delegate or bargain away their legislative authority. Id.; see also Czech v. Baer, 283 Ark. 457, 677 S.W.2d 833 (1984).

Applying these principles to our current case, we hold that the trial court’s findings were not erroneous.

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Camden Community Development Corp. v. Sutton
5 S.W.3d 439 (Supreme Court of Arkansas, 1999)

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Bluebook (online)
5 S.W.3d 439, 339 Ark. 368, 1999 Ark. LEXIS 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camden-community-development-corp-v-sutton-ark-1999.