# City of Hot Springs v. Creviston

> Supreme Court of Arkansas · March 3, 1986 · 288 Ark. 286

URL: https://www.frixlaw.com/law-library/cases/9667208

## Case

- **Full name:** CITY OF HOT SPRINGS; HOT SPRINGS ADVERTISING & TOURIST PROMOTION COMMISSION; ARKANSAS BANK & TRUST COMPANY; And FIRST NATIONAL BANK OF HOT SPRINGS v. Tom CREVISTON
- **Court:** Supreme Court of Arkansas
- **Decided:** March 3, 1986
- **Citations:** 288 Ark. 286; 705 S.W.2d 415; 1986 Ark. LEXIS 1780
- **Precedential status:** Published
- **Opinion:** Concurrence by Dudley
- **Judges:** George Rose Smith
- **Cited by:** 43 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/9667208

## How later opinions describe it (automated extraction)

- stating that Ark. Const. art. 16, § 1 of course includes "transparent evasions by which a token commission or other body is created to sign the bonds while disclaiming any responsibility on the part of its creator."
- stating that Ark. Const. art. 16, 1 of course includes "transparent evasions by which a token commission or other body is created to sign the bonds while disclaiming any responsibility on the part of its creator."

## Opinion text

Robert H. Dudley, Justice, concurring. I concur in holding that the City’s attempt to use tax money to bail out the creditors of a privately owned venture was not a use of tax money for a public purpose. For that reason the bond issue is invalid.
Unfortunately, the majority opinion goes much farther and overrules Snodgrass v. Pocahontas, 189 Ark. 819 , 75 S.W.2d 223 (1934), and its progeny. Since Snodgrass, supra, this court has consistently held that the Constitution of Arkansas authorizes cities to incur long term debt for the purpose of making authorized improvements for public purposes, without conducting an election, if the debt is to be repaid solely out of revenues generated by those improvements, and the repayment does not place a burden on the taxpayer for which his property might be appropriated. For 52 years this court has not deviated from that holding. Two constitutional amendments, Numbers 49 and 62, and various statutes, have been enacted in reliance on that holding. I would not overrule Snodgrass, supra.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9667208. Public record. Not legal advice.