Town of Lead Hill, Arkansas, Appellants v. Ozark Mountain Regional Public Water Authority of — Hart, J…

Summary

Justice Hart's dissent argues that the circuit court improperly used mandamus to enforce disputed obligations under a commercial water-purchase contract, because ordinary contract remedies were available and the validity, breach, and defenses had not been resolved. She also contends that the order exceeded the contract by failing to limit payment to water-sale revenues and threatened unconstitutional imprisonment for debt. Justice Danielson, dissenting separately, would reverse summary judgment because the contract allegedly presents a material factual question under article 12, section 4 of the Arkansas Constitution.