Dotson v. City of Lowell, 375 Ark. 89

Summary

The Arkansas Supreme Court affirmed the dismissal of Ray Dotson's counterclaim and the order requiring him to return a stagecoach to the City of Lowell. The court held that Arkansas Code section 16-55-213(a) repealed by implication the general venue provision in section 16-60-116(a), making venue proper in Benton County. It further held that the alleged agreement permitting Dotson's private use of the stagecoach was invalid because it lacked authorization by a city council resolution as required by Arkansas Code section 14-54-302(c).

Holdings

1. Section 16-55-213(a) repealed by implication section 16-60-116(a) because the statutes established irreconcilable general venue schemes, and venue was therefore proper in Benton County.
2. The absence of a city council resolution authorizing Dotson's private use of the stagecoach was fatal to the validity and viability of the alleged Memorandum of Understanding; the counterclaim was properly dismissed and the replevin order was affirmed.

Questions Presented

1. Whether venue was proper in Benton County under Arkansas Code Annotated section 16-55-213(a), notwithstanding the general venue provision in section 16-60-116(a).
2. Whether Dotson's alleged Memorandum of Understanding with the former mayor was legally valid and could support his counterclaims when no city council resolution authorized his private use of the municipal property.

Disposition

affirmed