City of North Little Rock v. Pfeifer

Eugene Pfeifer and the Pfeifer Family Limited Partnership #1 (Pfeifer) petitioned the City of North Little Rock to create Northshore Lane Multipurpose Municipal Improvement District No. 36. Pfeifer claimed to be the majority owner in the assessed value of the property within the district. Also included in the proposed improvement district were two properties owned by the City. The City’s attorney opined that Pfeifer’s petition did not contain the requisite signatures from a majority of owners and that the City was the majority owner of the land within the proposed improvement district. Pfeifer filed a complaint and a petition for writ of mandamus requesting a court order requiring the City to enact an ordinance to establish the proposed improvement district. The circuit court granted the petition and ordered the city council to make a finding that the petition was signed by a majority in assessed value of the property owners and to take necessary steps to establish the district. The Supreme Court affirmed the circuit court’s grant of Pfeifer’s petition for writ of mandamus but modified the circuit court’s order to provide that mandamus is granted only to require the city council to make specific findings pursuant to Ark. Code Ann. 14-88-207(a). View "City of North Little Rock v. Pfeifer" on Justia Law