Wilson v. Weiss

258 S.W.3d 351, 370 Ark. 205, 2007 Ark. LEXIS 359
CourtSupreme Court of Arkansas
DecidedJune 7, 2007
Docket07-204
StatusPublished
Cited by14 cases

This text of 258 S.W.3d 351 (Wilson v. Weiss) 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
Wilson v. Weiss, 258 S.W.3d 351, 370 Ark. 205, 2007 Ark. LEXIS 359 (Ark. 2007).

Opinion

Robert L. Brown, Justice.

This is the second appeal relating to the constitutionality of the legislative acts at issue. In Wilson v. Weiss, 368 Ark. 300, 245 S.W.3d 144 (2006) (Wilson I), this court dismissed most of the appeal due to the lack of a final order and compliance with Rule 54(b) of the Arkansas Rules of Civil Procedure. However, with respect to Act 1898 of2005 relating to the City of Bigelow, we reversed and remanded the circuit court’s order on the basis that the act constituted special and local legislation in violation of Amendment 14 to the Arkansas Constitution.

The facts leading up to Wilson I and now this second appeal are set out in our opinion in Wilson I. Suffice it to say, following this court’s dismissal of most of the appeal in Wilson I, the circuit court entered an order and final judgment on February 15, 2007, in which it dismissed North Pulaski Community Complex, North Pulaski Fire Department, Arkansas Community Foundation (Three Cheerleaders Fund), and the Jacksonville Senior Citizen Center on the basis that appellant Mike Wilson “has never made and has withdrawn all claims for relief against these parties.” The circuit court added that judgment as to all remaining parties shall be final pursuant to prior orders of the court entered on February 15, 2006; February 21, 2006; March 7, 2006; March 30, 2006; and May 19, 2006, as well as all other prior orders of the court.

The original complaint filed in this matter by Appellant Wilson alleged an illegal exaction premised on the fact that certain acts of the General Assembly violated Article 5, Section 29, of the Arkansas Constitution because they did not include a “distinct purpose” or, alternatively, constituted special and local legislation in violation of Amendment 14 of the Arkansas Constitution. The circuit court first entered a temporary restraining order against disbursement of the appropriated funds but later entered the orders from which Wilson now appeals:

• February 15,2006 —An order granting defendant Cleburne County’s motion for summary judgment and ruling that Act 932 of 2005 was constitutional.
• February 21, 2006 — An order granting defendant Jacksonville Museum of Military History’s motion for summary judgment and ruling that Section 1(C) of Act 1473 of 2005 was constitutional.
• March 7, 2006 — An order granting defendant City of Jacksonville’s motion for summary judgment and ruling that Act 825 of 2005 was constitutional. The court also denied the City ofjacksonville’s motion for summary judgment with regard to Act 837 (note that the court later ruled that Act 837 was unconstitutional on May 19,2006).
• March 30, 2006 — An order granting defendant Reed’s Bridge Preservation Society’s motion for summary judgment and ruling that Act 644 of 2005 was constitutional.
• May 19, 2006 — An order granting Wilson’s motion for summary judgment and ruling that Act 837 of 2005 was unconstitutional.
• May 19, 2006 — An order granting Wilson’s motion for summary judgment with respect to Section 1 (B) of Act 1473, declaring said provision (appropriating funds to the Jacksonville Boys & Girls Club) unconstitutional. The court also granted defendant Jacksonville Senior Center’s motion for summary judgment and ruled that Section 1(A) of Act 1473 was constitutional.

Following these orders, appellant Wilson filed a notice of appeal and an appeal bond, and he obtained a stay of the circuit court’s orders. After the circuit court’s order and final judgment of February 15, 2007, Wilson filed a second notice of appeal and the State appellees filed a notice of cross-appeal. 1

I. Motion to Dismiss

We first consider the motion to dismiss filed by separate appellee Cleburne County, which relates to a $50,000 appropriation to the Cleburne County Library under Act 932 of 2005.

According to Cleburne County, because that appropriation under Act 932 of2005 was repealed by Act 1290 of2007, Wilson’s appeal challenging the Act 932 appropriation is now moot. Further, Cleburne County claims that all the appropriations subject to this appeal will cease to have any force and effect after June 30, 2007, due to Article 5, Section 29, of the Arkansas Constitution, which provides that appropriations shall not last for a longer period than two years. In its motion, Cleburne County requests that this court dismiss the appeal challenging the appropriation under Act 932 of 2005 on grounds of mootness.

Act 932 of 2005 appropriated $50,000 “[f]or state assistance to the Cleburne County Library[.]” That Act went into effect on July 1, 2005. Act 1290 of 2007 specifically reappropriates the balance of any funds remaining in the 2005 Cleburne County Library appropriation and provides that as of July 1, 2007, any balance will go to state-assistance grants to benefit state libraries.

We disagree with Cleburne County’s analysis because Act 1290 of 2007 does not go into effect until July 1, 2007, and, thus, Act 932 of 2005 is not rendered ineffective until that same date. The result is that a decision from this court regarding the constitutionality of Act 932 of 2005 handed down prior to July 1, 2007, would not be moot. Indeed, were this court to affirm the decision of the circuit court relative to the Cleburne County Library appropriation prior to July 1, 2007, that money would be available to the library irrespective of Act 1290 of 2007. We, accordingly, deny the motion to dismiss.

II. Distinct Purpose

We turn then to Wilson’s argument that the circuit court erred by finding that the challenged acts did not violate the “distinct purpose” mandatory provision of Article 5, Section 29, of the Arkansas Constitution. Questions of statutory and constitutional construction are reviewed by this court de novo. See Hodges v. Huckabee, 338 Ark. 454, 995 S.W.2d 341 (1999). We first recognize, however, the stringent burden of proof Wilson is required to meet under this court’s standard of review for attacking the constitutionality of legislative acts. See Whorton v. Dixon, 363 Ark. 330, 214 S.W.3d 225 (2005). For example, this court presumes that legislation is constitutional and that it is rationally related to achieving a legitimate governmental objective. See id.; see also Arkansas Health Servs. Comm’n v. Reg’l Care Facilities, Inc., 351 Ark. 331, 93 S.W.3d 672 (2002). Thus, before an act will be deemed unconstitutional by this court, the incompatibility between it and the constitution must be clear. See Whorton, supra. Any doubt regarding the constitutionality of a statute must be resolved in favor of its constitutionality. See id.

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Cite This Page — Counsel Stack

Bluebook (online)
258 S.W.3d 351, 370 Ark. 205, 2007 Ark. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-weiss-ark-2007.