Protect Fayetteville F/k/a Repeal 119 Paul Sagan Peter Tonnesson and Paul Phaneuf, the State of Arkansas…

Summary

The court held that the circuit court exceeded its limited jurisdiction on remand by allowing intervenors to assert a new constitutional challenge to the state statute. The prior appellate mandate conclusively established that the Fayetteville ordinance violated state law and rendered the ordinance void and unenforceable, so the court reversed the injunction order and dismissed the action.