Nevada County Picayune and Gurdon Times Newspaper Archive

Plantiff Drops Sales Tax Suit;

County Judge Looks Ahead There is no longer a lawsuit over the Clark County sales and use tax.

A1cording to Clark County Judge Grady Runyan, the suit was dropped by plaintiff Sam Horton in early August. Runyan said Horton asked his attorneys to drop all charges against the county, and a motion was filed and accepted with Eighth Judicial District Circuit Judge Jim Gunter.

"I feel good," Runyan said of the resolution of the case. "Now, we can push forward with many of the projects for the county. I feel relieved."

However, Runyan said the Arkansas Supreme Court will reconvene in October, and the original plaintiff in the case, from Jefferson County, has already filed an appeal with the high court to get a rehearing of the rehearing in which the court reversed itself. The court will meet this month to appoint a replacement for Justice Jack Holt Jr., who has retired.

But Runyan isn't overly concerned with the court reversing its reversal. He said it's never occurred in the history of the court. "We've very seldom had a reversal," he said, "and they've never reversed a reversal. I expect this to turn out all right."

On June 19, 1995, the supreme court ruled 4-3 county sales and use taxes in excess of one-half cent were illegal under Arkansas' 1874 Constitution. This is because Article 16, Section 9, of the constitution states: "No county shall levy a tax to exceed one-half of 1 percent for all purposes." Most county's with sales taxes had general purpose taxes for their general funds.

The original suit was filed in Pine Bluff by Jack Foster on Dec. 28, 1993, working its way through the judicial system until it reached the Arkansas Supreme Court. Foster has filed an appeal with the court to get his case heard once again.

Unless the court does something it has never done before, the 62 counties with sales taxes above one-half cent, and the 32 which were sued, have little to worry about.

Runyan is so confident he is moving forward with plans he made before the suit, including the construction of a new Clark County Courthouse to replace the 1899 structure. The only stumbling block to the construction is the Clark County Quorum Court.

Runyan said a member of the budget committee is threatening to stonewall the issue unless plans for the new courthouse are revised, making it a two-story, 20,000 square feet structure with two courtrooms.

In spite of this threat, though, Runyan said more has been accomplished this year than he expected could be. He said more culverts have been installed this year than in the previous three years combined.

Additionally, he said a one-mile stretch of road has been asphalted in the Oak Grove area near Alpine; 2.3 miles have been resurfaced on County Road 22, also known as the Alpine Ridge Road; there has been one mile of asphalt laid in the Ridgewood Community; and another mile connecting Highway 8 to DeGray Road near the Rest Haven Cemetery. A mile of road has been chipped and sealed in the Mill Creek area and plans are to replace a bridge in the Manchester region, near the Methodist Church.

Runyan said the county road crew will continue working on the Gurdon High School Road until it's done. The road, he said, is 75 percent ready for asphalting and will be an expensive road when finished. In discussing the GHS road, Runyan said progress has been made up to the creek near the railroad and the county is working on getting the bid specs ready for letting. He said the county has installed $20,000 worth of culvertson the road already.

In discussing other roadwork, Runyan said crews are backsloping ditches for better drainage when the current drought ends. He said this will make the roads cleaner, safer and improve visibility. In the near future, he said his crews will begin spraying to kill weeds and bushes near roads, but will take care so as not to endanger the public or any animals. This, he said, will most likely be done next spring. Runyan is looking at sprayers for the job at this time.