Opinion

Hartwick v. Thorne

  • 300 Ark. 502
  • 780 S.W.2d 531
  • 1990 Ark. LEXIS 789
Court
Supreme Court of Arkansas
Filed
Jan 16, 1990
Status
Published
Author
Dudley
On the bench
Purtle, Dudley, Hays, Newbern
Cited by
42 cases
Authority
More cited than 10.6%

stating that "[a]n illegal exaction is an act that is not authorized or which is contrary to law." Id. at 505

How later courts described this case

  • stating that "[a]n illegal exaction is an act that is not authorized or which is contrary to law." Id. at 505
  • alleging that public funds were impermissibly being spent on a bond issued for a different purpose
  • upholding illegal exaction challenges where there has been a failure of purpose, notwithstanding the legality of the initial tax levy

Written by the judges who cited it.

The opinion

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

Robert H. Dudley, Justice. We deny the petition for rehearing, but write to supplement the original opinion on one issue.

The original opinion states that we do not consider a statute passed during the pendency of an appeal. That statement is in error. In fact, we have recently considered two (2) acts passed after the trial court ruled. Treiber v. Hess, 301 Ark. 97 , 782 S.W.2d 43 (1990); Nathaniel v. Forrest City School Dist. No. 7, 300 Ark. 513 , 780 S.W.2d 539 (1989). We have long done so. Van Hook v. McNeil Monument Co., 107 Ark. 292 , 155 S.W. 110 (1913). However, “the legislature cannot, by enactment of a retrospective statute, exercise a power in its nature clearly judicial.” Federal Express Corp. v. Skelton, 265 Ark. 187, 196 , 578 S.W.2d 1 (1979). It is prohibited from doing so by the separation of powers doctrine. Federal Express Corp. v. Skelton, supra. Thus, even if we construed the act in this case to be retroactive, we would not allow it to retroactively annul a court decision.

Rehearing denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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