Appendix H Model Petition for Review

LibraryHandling Appeals in Arkansas (2021 Ed.)
APPENDIX H MODEL PETITION FOR REVIEW
IN THE ARKANSAS SUPREME COURT

DAVID HARRIS APPELLANT

V.

CITY OF FORT SMITH, ARKANSAS, et al. APPELLEES

CASE NO. 03-951

ON APPEAL FROM THE CIRCUIT COURT OF SEBASTIAN COUNTY, ARKANSAS FORT SMITH DIVISION
THE HONORABLE J. MICHAEL FITZHUGH, CIRCUIT JUDGE
PETITION FOR REVIEW OF APPELLEES CITY OF FORT SMITH, ET AL.

R. Christopher Lawson

Arkansas Bar No. 93083

Friday, Eldredge & Clark, LLP

3425 North Futrall Drive, Suite 103

Fayetteville, Arkansas 72703-4811

Telephone: 479-695-1888

Telecopier: 479-695-2147

Lawson@fridayfirm.com

Attorneys for Appellees

Appellees' Petition for Review

On April 14, 2004, the Arkansas Court of Appeals delivered its Opinion reversing the circuit court's interpretation of the Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-101 et seq. (the "FOIA"). In addition to reversing the order granting the Appellees' Motion for Summary Judgment, the Court of Appeals sua sponte fashioned prospective relief in the form of an "injunction prohibiting further violations of the FOIA." Slip Opinion, p. 9. The propriety of prospective relief in the form of a permanent injunction was not addressed by the circuit court or the parties on appeal.

I. Nature of the Appeal

This appeal arises from the circuit court's interpretation of the FOIA on undisputed facts. The Appellant challenged the propriety of one-on-one conversations between the City Administrator, a non-member of the Board of Directors (the "Board"), and each member of the Board prior to the City Administrator's submission of a bid on property being sold at a public foreclosure auction. The Appellant admitted that the Board ratified the submission of the successful bid and the purchase of the...

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