Supreme Court of Arkansas

Bullock's Kentucky Fried Chicken Inc. v. City of Bryant Municipal Property Owners' Multipurpose Improvement District…

September 19, 20192019 Ark. 249

Summary

The court affirmed the foreclosure judgment against property within the improvement district, holding that the statutory lien attached to all unreleased real property in the district and that the complaint adequately described the property and delinquent taxes. It also held that the trust-indenture prepayment provision was not triggered because the developer had never sold the tracts at issue, and that the developer's fraud could not be imputed to the district. Finally, the court rejected the due-process and equal-protection claims because publication notice was sufficient and the challenge to the assessment was untimely.