ROBIN F. WYNNE, Associate Justice.
This is an appeal from the Mississippi County Circuit Court's judgment granting a permanent injunction of a March 14, 2017 special election. Appellants argue that the circuit court erred by enjoining the special election on the grounds that Act 81 of 1901, which establishes two separate judicial districts in Mississippi County, prohibits an ordinance that amends an existing sales-and-use tax and an ordinance that authorizes the issuance of bonds to finance a new Mississippi County Courthouse to be located in Blytheville, Arkansas.
On December 13, 2016, the Mississippi County Quorum Court enacted the two
Ordinance No. O-2016-16 also proposed to extend the levy of the Tax from its initial end date of March 31, 2020, until March 31, 2047. In Resolution No. R-2016-16, the quorum court referred Ordinance No. O-2016-16 to the voters for approval or rejection in a special election to be held on March 14, 2017.
In a related ordinance, No. O-2016-17, the quorum court found as follows:
Accordingly, Ordinance No. O-2016-17 calls a special election to be held on March 14, 2017, on the question of issuing the Bonds to finance all or a portion of the costs of the New County Courthouse in Blytheville, to be secured by a pledge as
On January 11, 2017, appellees City of Osceola, Arkansas; James Robert Baker, Jr.; and Dorothy J. Pollock
After a hearing on February 10, 2017, the circuit court entered a judgment on that date granting Osceola's petition for a permanent injunction of the March 14, 2017 special election. The court held that Act 81 of 1901 invalidates the ordinances and resolution at issue. Appellants filed a timely notice of appeal on February 13, 2017. This court granted appellants' motion for expedited appeal and for accelerated briefing schedule.
An illegal exaction is a tax that is either not authorized by law or is contrary to law. Williams v. City of Fayetteville, 348 Ark. 768, 775-76, 76 S.W.3d 235, 239 (2002) (citing Tucker v. Holt, 343 Ark. 216, 33 S.W.3d 110 (2000); Hartwick v. Thorne, 300 Ark. 502, 780 S.W.2d 531 (1989); Ark. Const. art. 16, § 11). Here, the circuit court held that the amended sales-and-use-tax ordinance, the resolution, and the bond ordinance were invalidated by Act 81 and enjoined the special election for approval of those ordinances by the electors of Mississippi County. Thus, the circuit court found that the tax at issue was contrary to law, specifically the law set forth in Act 81 of 1901. We review issues of statutory construction de novo. Harris v. City of Fort Smith, 366 Ark. 277, 280, 234 S.W.3d 875, 878 (2006). This court has also stated that it reviews injunctive matters de novo. City of Dover v. City of Russellville, 363 Ark. 458, 460, 215 S.W.3d 623, 625 (2005). The decision to grant or deny an injunction is within the discretion of the trial court, and the standard of review is abuse of discretion. Id.
Section 20, 1901 Ark. Acts at 144 (emphasis supplied).
The first rule of statutory construction is to construe the statute just as it reads, giving the words their ordinary and usually accepted meaning in common language. Crafton, Tull, Sparks & Assocs., Inc. v. Ruskin Heights, LLC, 2015 Ark. 1, at 5, 453 S.W.3d 667, 671. If the language of a statute is clear and unambiguous and conveys a clear and definite meaning, it is unnecessary to resort to the rules of statutory interpretation. Id. A statute is ambiguous where it is open to two or more constructions, or where it is of such obscure or doubtful meaning that reasonable minds might disagree or be uncertain as to its meaning. Yamaha Motor Corp., U.S.A. v. Richard's Honda Yamaha, 344 Ark. 44, 52, 38 S.W.3d 356, 360 (2001); Cave City Nursing Home, Inc. v. Ark. Dep't of Human Servs., 351 Ark. 13, 21, 89 S.W.3d 884, 889 (2002).
In the present case, the plain language of section 20 is clear and unambiguous: all revenue accruing to the county from the enumerated sources and "from all other sources whatever" is to be used for the exclusive benefit of the judicial district from which it arises. The legislature could have omitted the "other sources" language altogether or limited it to other sources then in existence, but instead it expressly included revenue "from all other sources whatever." We thus reject appellants' argument that Act 81 is ambiguous.
Alternatively, appellants argue that Act 81 has been expressly superseded by Arkansas Code Annotated sections 26-74-201 et seq., which authorize a countywide sales-and-use tax to secure the payment of bonds, for any purpose for which the general fund of a county may be used, or for any combination thereof. Ark. Code Ann. § 26-74-201(c)(2). They note that the first sales-and-use tax in Arkansas was enacted in 1935, many years after the passage of Act 81 of 1901. See Act of Mar. 28, 1935, No. 235, 1935 Ark. Acts 609. However, there is no reference to Act 81 in Arkansas
Appellants also argue that neither the plain language of the Amended Sales and Use Tax nor the resolution calling the election on the Tax violate Act 81. The Amended Sales and Use Tax provides for its use, in part, "to acquire, construct, repair, improve, renovate, equip, furnish, operate and maintain new or existing courthouses and court facilities," and does not specifically reference a courthouse in Blytheville, in the Chickasawba District. Thus, based on the language of the ordinance, appellants argue that the "Amended Sales and Use Tax" cannot violate Act 81 until tax proceeds from one judicial district are actually spent in another judicial district. We disagree. Appellants' arguments fail to acknowledge that the ordinances and resolution at issue were passed simultaneously for a common purpose, and should be read together as complementary legislation. Ordinance O-2016-17 provides for the issuance of bonds for the specific purpose of financing a new county courthouse to be located in Blytheville, which will be secured by a pledge of fifty-percent of the net collections received by the county from Ordinance No. O-2014-11, as amended. Taken together, these ordinances would have authorized the use of tax revenue from the Osceola District for the exclusive benefit of the Chickasawba District in violation of Act 81. This would constitute an illegal exaction; therefore, the circuit court did not abuse its discretion in enjoining the special election. Similarly, appellants correctly point out that there is statutory authority for referring an ordinance to the electors through a resolution, see Ark. Code Ann. § 7-11-201(Repl. 2012) and § 14-14-905(f) (Repl. 2013); nonetheless, we conclude that the circuit court did not abuse its discretion in this case by enjoining a special election called on an illegal tax.
Finally, appellants argue that the quorum court had the authority under Amendment 62 to the Arkansas Constitution, Arkansas Code Annotated section 7-11-201, and Arkansas Code Annotated sections 14-164-301 et seq. (Repl. 1998 & Supp. 2015), to enact Ordinance No. O-2016-17, which called a special election on the question of issuing bonds for financing the cost of a new county courthouse in Blytheville. According to appellants, "Act 81 of 1901 has nothing to do with Mississippi County's ability to issue bonds — security instruments — to fund capital improvements of a public nature. Rather, Act 81 of 1901 relates to the use of revenues in a judicial district. Further, any potential prohibitions imposed by Act 81 of 1901 have been expressly superseded by Ark. Code Ann. § 14-164-301, et seq., which was enacted
Based on the above, we affirm the judgment of the circuit court.
Affirmed.
The mandate in this case shall issue immediately.
Hart, J., dissents.
Josephine Linker Hart, Justice, dissenting.
I respectfully dissent from the majority's conclusion that Act 81 of 1901, which establishes two separate judicial districts in Mississippi County, precludes Mississippi County from financing a new Mississippi County courthouse to be located in Blytheville, Arkansas. Section 20 of Act 81 provides,
Section 20, 1901 Ark. Acts at 144. The majority concludes that the "plain language" of section 20 requires that the sales-and-use tax collected by Mississippi County be used only in the judicial district in which it was collected.
As this court noted in Hutchinson v. Ozark Land Co., 57 Ark. 554, 22 S.W. 173, 174 (1893), in 1881 the General Assembly approved the creation of two judicial districts in Clay County. That act also contained the same language that is found in section 20 of Act 81. In Hutchinson, this court stated, "The expense of maintaining two judicial districts in a county is necessarily a county expense, and the revenue to pay it can be raised only by a county tax." Hutchinson, 57 Ark. at 558, 22 S.W. at 174; see Williams v. Ark. Cty. Courthouse Improvement Dist., 153 Ark. 469, 473, 240 S.W. 725, 726 (1922) ("This court has held that a county may be divided into
We returned to litigation in Clay County in Woolard v. Thomas, 238 Ark. 162, 381 S.W.2d 453 (1964). There, we stated,
Woolard, 238 Ark. at 165-66, 381 S.W.2d at 455 (emphasis in original). Thus, it is clear that, as a taxing entity, Mississippi County can levy a tax for the building of a courthouse in either judicial district because it is a county purpose. Again, I note that the Clay County act establishing two judicial districts contained the same language as section 20. In precluding Mississippi County from collecting the tax, the majority usurps its authority to impose a countywide tax to further a countywide purpose and instead accords that authority to a nontaxing authority, a judicial district.
Moreover, the majority misconstrues section 20. A common rule of statutory construction that this court has applied many times is that of ejusdem generis, which provides that when general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words. See, e.g., Arms v. State, 2015 Ark. 364, at 8, 471 S.W.3d 637, 642. Here, section 20 first lists specific words, "revenue accruing to the county from the sale of forfeited state and county lands, liquor and ferry license," in other words, fees that might be collected by the county clerk at a courthouse in a judicial district. In applying the rule of ejusdem generis, it is fair to argue that the general words that follow the specific words, "from all other sources whatever," might also include fees collected at each courthouse for marriage licenses, filing civil cases, and recording instruments of record. Yet, the majority concludes that a county sales-and-use tax also falls within these general words. I submit that this inclusion stretches far beyond what any reasonable construction of those words might entail. See Agape Church, Inc. v. Pulaski Cty., 307 Ark. 420, 425, 821 S.W.2d 21, 23 (1991) ("A reasonable interpretation of the class of exempt property is one that embraces
I respectfully dissent.
Ark. Code Ann. § 14-164-302 (Repl. 1998). "Capital improvements of a public nature" include the construction of courthouses, court facilities, and administrative offices. Ark. Code Ann. § 14-164-303(2)(C)(i), (ii) (Supp. 2015).