City of North Little Rock; Mayor Joe Smith; Alderman Debi Ross; Alderman Beth White; Alderman Linda Robinson…

Summary

The court held that the circuit court had subject-matter jurisdiction to consider the petition for a writ of mandamus because the governing statute authorizes mandamus to enforce duties in improvement-district proceedings. It further held that the City had a mandatory duty to determine by ordinance whether the petition was signed by a majority in assessed value, and that the City’s failure to make that finding justified mandamus. The court affirmed the writ but modified the order because the circuit court improperly specified the findings and actions the City must take. Justice Josephine Linker Hart, concurring in part and dissenting in part, agreed on jurisdiction but would have denied mandamus because an adequate appeal existed and the City’s decision involved legislative discretion.