Supreme Court of Arkansas
40 Retail Corporation v. City of Clarksville
November 8, 20122012 Ark. LEXIS 435
Summary
The court held that waiver and estoppel did not bar 40 Retail from challenging the validity and constitutionality of the ordinance regulating its sexually oriented business. Because the ordinance imposed mandatory burdens on a business that predated the ordinance, and compliance was backed by criminal penalties, accepting a temporary hardship extension did not constitute a voluntary acceptance of benefits that precluded challenge. The court reversed the summary judgment and remanded for consideration of the merits of 40 Retail’s claims.