# Lake View School District No. 25 v. Huckabee

> Supreme Court of Arkansas · March 2, 2000 · 340 Ark. 481

URL: https://www.frixlaw.com/law-library/cases/9634592

## Case

- **Full name:** LAKE VIEW SCHOOL DISTRICT No. 25 of Phillips County, Arkansas, Et Al. v. Mike HUCKABEE, Governor of the State of Arkansas, Et Al.
- **Court:** Supreme Court of Arkansas
- **Decided:** March 2, 2000
- **Citations:** 340 Ark. 481; 10 S.W.3d 892; 2000 Ark. LEXIS 105
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Robert L. Brown
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9634592

## How later opinions describe it (automated extraction)

- holding that the State, through the executive branch, waived sovereign immunity when it signed off on two published notices to the class members advocating attorneys’ fees

## Opinion text

LAVENSKI R. SMITH, Justice, concurring in part; dissenting in part. I write separately to dissent in part and concur in part. I join the dissent as to the mootness of the instant appeal. I, too, find no authority in Arkansas law for a compliance trial. The statutory and constitutional scheme upon which the plaintiffs based their suit no longer exists. Plaintiffs may well have a valid complaint based upon the subsequently enacted laws but that should be a different case.
However, I join the majority and the concurrence on the issue of entitlement to attorneys’ fees. As the prevailing party in an action that resulted in a substantial benefit to the class they represented, the plaintiffs should be entitled to attorneys’ fees. I join the concurrence in preferring the lodestar method for calculation of those fees.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9634592. Public record. Not legal advice.
