Supreme Court of Arkansas

City of Fort Smith, Arkansas v. Jennifer Merriott

March 16, 20232023 Ark. 51

Summary

The court reversed and dismissed the class's illegal-exaction and unjust-enrichment claims. It held that the unified sanitation fee was reasonably related to the sanitation services provided and was used for authorized sanitation purposes, and that the class failed to prove any wrongful financial benefit retained by the City. The court also held that the cost of operating the recycling program was not a valid measure of restitution.