Maddox v. City of Fort Smith

251 S.W.3d 281, 369 Ark. 143, 2007 Ark. LEXIS 229
CourtSupreme Court of Arkansas
DecidedMarch 1, 2007
Docket06-635
StatusPublished
Cited by11 cases

This text of 251 S.W.3d 281 (Maddox v. City of Fort Smith) 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
Maddox v. City of Fort Smith, 251 S.W.3d 281, 369 Ark. 143, 2007 Ark. LEXIS 229 (Ark. 2007).

Opinion

Jim Gunter, Justice.

This appeal arises from a Sebastian County Circuit Court order dismissing the illegal-exaction and unlawful-transfer claims made by appellants, Bill Maddox, Bill Grace, Jerry Frisby, Melba Riggs, and Charles Beasley, on behalf of themselves and citizens, taxpayers, and utility ratepayers, against appellee, the City of Fort Smith (“City”). The circuit court dismissed appellants’ complaint, finding that the transfers of funds challenged by the unlawful-transfer claims were lawful and did not violate Ark. Code Ann. § 14-234-214 (Repl. 1998). We affirm.

A recitation of the facts is found in our opinion, Maddox v. City of Fort Smith, 346 Ark. 209, 56 S.W.3d 375 (2001), from the previous appeal. In April of 1994, the Fort Smith Board of Directors approved a resolution endorsing the passage of a one-percent sales-and-use tax for the City’s share of a county wide sales tax to be used for a specific list, including waste water improvements and sanitation. On April 16, 1996, the City’s Board of Directors, pursuant to Ordinance No. 15-96, authorized a two-million-dohar transfer from both the water-and-sewer operating fund and the sanitation fund, which are both maintained by the City, to be transferred to the general fund to build a new police facility.

On August 31, 2000, appellants filed an illegal-exaction lawsuit under Article 16, §§11 and 13, of the Arkansas Constitution, claiming, inter alia, that the transfers transformed the user fees collected in the City’s water-and-sewer fund and sanitation fund into illegal taxes. The circuit court entered summary judgment in favor of the city. On appeal in Maddox, supra, we affirmed the circuit court’s grant of summary judgment on the illegal-exaction claim, holding that the resolution was not the law imposing a tax and that no funds were used for any purpose other than that authorized in the Sebastian County levying ordinance. We further affirmed the circuit court’s grant of summary judgment on one unlawful-transfer claim, concluding it was barred by the statute of limitations. However, we reversed and remanded the circuit court’s grant of summary judgment as to the appellants’ unlawful-transfer claims arising out of the 1996 transfers of funds. Id. In Maddox, we stated:

[Tjhe record reflects the following evidence regarding whether the transferred funds were unencumbered, or surplus. An affidavit by Kara Bushkuhl, Finance Director of the City of Fort Smith, states that the $500,000 appropriation authorized in 1994 “was charged to surplus waterworks revenues of the Water and Sewer Operating Fund as defined and authorized by Ark. Code Ann. § 14-234-214(e)(3)(D).” Ms. Bushkuhl also states in the affidavit that the 1996 appropriations of $2,000,000 from the water and sewer operating fund and $2,000,000 from the sanitation operating fund were of “unencumbered surplus funds.” However, Ms. Bushkuhl does not indicate that she used any statutory provision to determine whether a surplus existed in 1996. The statutory provision cited in her affidavit in connection with the 1994 appropriation, section 14-234-214(e)(3)(D), only indicates that a surplus can be used for other municipal purposes; whereas, the definition of “surplus funds” is set forth in Ark. Code Ann. § 14-234-214(e)(l): those funds “in excess of the operating authority’s estimated cost of maintaining and operating the plant during the remainder of the fiscal year then-current and the cost of maintaining and operating the plant during the fiscal year next ensuing.” This statutory definition of “surplus funds” is not referenced anywhere in Ms. Bushkuhl’s affidavit. Furthermore, the water and sewer operating fund reported a deficiency of $1,078,459 in fiscal year 1996 and $1,491,915 in fiscal year 1997. The sanitation operating fund also reported deficiencies of $617,188 in fiscal year 1996 and $359,306 in fiscal year 1997. Based upon this record, we conclude that a question of fact remains regarding whether “surplus funds,” as defined in Ark. Code Ann. § 14-234-214(e)(l), existed in the City’s utility and sanitation accounts prior to the 1996 transfers. We therefore reverse the trial court’s grant of summary judgment on this point.

Maddox, 346 Ark. at 220, 56 S.W.3d at 382-83.

The case was remanded and tried on November 21, 2005. On December 12, 2005, the circuit court made the following rulings. First, the circuit court found that the funds generated by the county sales tax and deposited into the water-sewer fund and the sanitation fund never became surplus funds, as defined by Ark. Code Ann. § 14-234-214(e), and concluded that the reallocated funds were sales-tax revenues that could be used for any general municipal purpose. Second, the circuit court ruled that even if the sales-tax revenue were to be considered in the computation of surplus as defined by Ark. Code Ann. § 14-234-214(e), there was a surplus sufficient to make the distribution. Third, the circuit court found that the transfer of the funds from the sanitation fund was not governed by Ark. Code Ann. § 14-234-214. Appellants timely filed their notice of appeal on January 9, 2006. From the December 12, 2005, order, appellants now bring their appeal.

For their first point on appeal, appellants argue the circuit court erroneously ruled that “surplus” was ambiguous under Ark. Code Ann. § 14-234-214. Specifically, appellants contend that the statute itself explains what surplus is. Appellants also assert that the circuit court improperly resolved the ambiguity in a manner that excluded certain revenue of the water-sewer fund from the calculation of surplus.

In response, the City argues that the circuit court correctly found that the transfer did not violate Ark. Code Ann. § 14-234-214(e)(1), claiming that the statute “does not apply to extraordinary funds that are deposited into the account by the governing body and not part of the rate structure.” Specifically, the City makes three arguments. First, as a threshold matter, the City contends the circuit court properly found that the 1996 challenged reallocations were Sebastian County sales-tax revenues that we determined were subject to allocation for any municipal purpose. Maddox, supra. Second, the City maintains that our well established law-of-the-case doctrine prohibits this court from considering any issues decided in Maddox, supra. Third, the City argues that the circuit court’s construction of Ark. Code Ann. § 14-234-214(e) was proper and should be upheld.

At the outset, we note that we previously held in Maddox, supra, that the Sebastian County ordinance generated the county sales-tax revenue that the City dispersed into the water-sewer and sanitation funds. We further acknowledged that the funds from the City’s share of the county sales tax were approved by the voters for general municipal purposes. Maddox, 346 Ark. at 218, 56 S.W.3d at 381. Because we remanded the case for a determination of the issues now on appeal, we decline to address the City’s law-of-the-case argument.

This appeal presents an issue of statutory interpretation. We review issues of statutory interpretation de novo, as it is for this court to decide what a statute means. State Farm Mut. Auto. Ins. Co. v. Henderson, 356 Ark. 335, 150 S.W.3d 276 (2004).

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Bluebook (online)
251 S.W.3d 281, 369 Ark. 143, 2007 Ark. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maddox-v-city-of-fort-smith-ark-2007.