I uploaded an ordinance that some members of the quorum court are trying to pass. It’s had a second reading and, at the next meeting, they can read it for the 3rd time and then vote on it.
It is moot and embarrassing for the county because there is no way that this thing can be legal… and it’s basically a do-over of 2018-O42, just reworded.
It seems to me that it is fatally flawed in a couple of ways.
- It’s unconstitutional, in my opinion, in requiring a county-wide vote before allowing the County Judge and/or quorum court to carry out their constitutionally assigned power to provide a document of support for a casino applicant. According to Clay McCall’s legal opinion, “This is a constitutional power afforded to the county judge and quorum court and cannot be restricted by legislature or local ordinance. The Arkansas Constitution is the preeminent law of the land. With regards to any conflict between the Constitution and state and local legislation, the Constitution prevails.”
- It’s MOOT. The application has been accepted. The letter is in the application. The application would have to be amended which is not provided for in the rules, etc. etc., etc.
The quorum court members should be contacted before the next meeting. This proposed ordinance is fatally flawed in the same way that old ordinance (2018-O-42) was. That one was repealed at the end of October 2019 and ruled unconstitutional the next day by Judge Pearson.