Dollarway Patrons for Better Schools v. Morehead

2010 Ark. 133, 361 S.W.3d 274, 2010 WL 986769, 2010 Ark. LEXIS 168
CourtSupreme Court of Arkansas
DecidedMarch 18, 2010
DocketNo. 09-826
StatusPublished
Cited by10 cases

This text of 2010 Ark. 133 (Dollarway Patrons for Better Schools v. Morehead) 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
Dollarway Patrons for Better Schools v. Morehead, 2010 Ark. 133, 361 S.W.3d 274, 2010 WL 986769, 2010 Ark. LEXIS 168 (Ark. 2010).

Opinion

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 been decided by this court, we have jui'is-diction pursuant to Ark. Sup.Ct. R. 1-2(a)(7). We affirm.

This court explained the underlying facts of this case in our previous opinion:

In 2006, the Altheimer School District was consolidated into the Dollarway School District. This created a new school district (School District) that was taxed at two different rates. Those who lived in the area that was formerly the Altheimer School District were taxed at 32.6 mills, while those living in what was the former Dollarway School District were taxed at 40.8 mills. After consolidation, the new School District requested that the Jefferson County Election Commission set a special election for consideration of a millage increase in taxation. The Election Commission set the election, and a Notice of Election was published that informed the public that the ballot question was whether to raise taxes in the new School District to 42.3 mills. The election was held, and the Election Commission certified that 399 votes had been cast in favor of the new rate of 42.3 mills and 378 votes had been cast against the new rate.
DPBS alleges that the election was void because the School District, as the taxing entity, and as the entity that sought the millage increase, misled the electorate by publishing and circulating information prior to the election that misrepresented the tax increases. The information provided by the School District stated that the increases would be only half as great as the measui’e voted on imposed. For example, where a person had real estate appraised at $30,000, a School District pamphlet showed that the tax increase for a person living in the former Altheimer School District would be $29.30 per year and for a person living in the former Dollarway School District the tax increase would be $4.50. However, a table in the possession of the School District received from financial advisors prior to the election showed that actual increases would be $58.20 and $9.00 respectively.

Dollarway Patrons for Better Sch., et al. v. Dollarway Sch. Dist., et al., 374 Ark. 92, 93-94, 286 S.W.3d 123, 124-25 (2008). The School District filed a motion to dismiss, arguing (1) a lack of jurisdiction in that the complaint was an election contest that was not filed within twenty days of the election, and (2) failure to state a cause of action for illegal exaction. The circuit court dismissed the case as an untimely election contest, but this court reversed, finding that the appellants had attempted to plead a cause of action in illegal exaction and remanding for a decision on whether appellants had stated a valid cause of action, specifically considering whether the law on voiding elections should be extended beyond that established in Arkansas-Missouri. Power Corp. v. City of Rector, 214 Ark. 649, 217 S.W.2d 335 (1949). In City of Rector, this court explained that we reverse when voters were misled by representations in the title, preamble, or body of the ordinance; the notice of the election; the ballot title; or the body of the proposition. It is to those sources “that the electors had the right to look to ascertain what they were asked to approve, and not to discussions in the Council meetings, or to street conversations, or to speeches made at a mass meeting which may or may not have been largely attended.” Id. at 654, 217 S.W.2d at 337.

Upon remand, the circuit court ordered the parties to brief the issues raised by this court’s opinion, and the parties filed simultaneous briefs on December 8, 2008. In its brief, the School District asserted that in order to overturn an election as an illegal exaction, the court would have to find that either the taxing authority did not have the authority to collect the tax or that the purpose of the ballot as passed cannot be accomplished, and that neither | ¡¡scenario was present in this case. The School District also reviewed case law from other jurisdictions that have examined the issue of whether misrepresentations made by a taxing authority will void an election. According to the School District, these cases have consistently held that an election may only be voided where a misrepresentation is contained within the official proceedings in connection with the election, or where a timely election challenge is brought and it is sufficiently proven that a significant number of voters would have cast them vote differently if not for the improper influence or that the election was so tainted as to render it void. The School District also argued that even if the law in City of Rector was extended, appellants failed to state a cause of action to void the election because the actions of the school board in support of the millage were not “official” actions and it could not be sufficiently proven that the voters relied on any misrepresentations in casting their votes. Finally, the School District asserted that extending the law in City of Rector would improperly extend the statutory limit applied to election contests.

DPBS first argued in its brief that the circuit court had been ordered by this court to not only consider the illegal exaction issue but to also consider the issues of breach of fiduciary duty, constructive fraud, and unclean hands, which were not ruled upon below, as we noted in our opinion. DPBS then asserted that they had stated a valid cause of action for illegal exaction in their complaint; that the misleading information was disseminated as an official action of the school district; that the school district’s actions, while not intentional misconduct, breached a “fiduciary-like duty” and amounted to constructive fraud; and that |4the rationale in City of Rector should be expanded to apply to this case. DPBS also argued that they were seeking only to enforce the “equitable solution” promised by the school district but never performed, namely a “promise” by the school board to not certify the results of the election, not collect the taxes as voted on, and call for another special election. Both parties later filed reply briefs as well.

On January 28, 2009, the court sent a letter to the parties advising them that it was issuing an order staying all discovery in the matter. The court stated

As you recall from my letter of November 5, 2008, the Supreme Court remanded this case for the Court to make two determinations. First, to determine whether the law on voiding elections should be extended beyond that set out in City of Rector; and, if so, whether any conduct alleged against the School District states a cause of action to avoid [sic] the election and make the tax illegal. The second determination will be made pursuant to Rule 12(b)(6) of the Arkansas Rules of Civil Procedure.

The court explained its intention to decide the matter on the briefs if possible but noted the possibility of a hearing as well.

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2010 Ark. 133, 361 S.W.3d 274, 2010 WL 986769, 2010 Ark. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dollarway-patrons-for-better-schools-v-morehead-ark-2010.