City of Marion v. City of West Memphis, 423 S.W.3d 594

West Memphis sought declaratory judgment that 3360 acres (not including Marion’s 2340 acres) were annexed to West Memphis in the 5700-acre West Memphis annexation plan.
Marion had previously annexed 2340 acres to itself in 1997, creating a competing legal description within the same overall 5700 acres.
The circuit court in CIV-97-93 found the 2340 acres belonged to Marion and that the 2340 acres would not be part of West Memphis if the 5700-acre election carried.
The West Memphis election itself included the 5700-acre description on the ballot, which included the Marion-claimed 2340 acres.
Millers later sought to annex approximately 104 acres to Marion in 2005; Marion accepted the annexation, and West Memphis challenged the legality in 2007.
The circuit court held that the 3360 acres not annexed by Marion became part of West Memphis; Millers’ land remained with West Memphis after failing to follow detachment procedures.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does res judicata bar West Memphis's petition?	West Memphis argues not barred by merger/bar principles.	Marion argues West Memphis relitigated issues already decided.	Res judicata does not bar.
Is the West Memphis election void for misdescription under 14-40-303(a)(1)?	West Memphis asserts the 3360 acres were properly described and only 2340 included due to Marion.	Marion argues misdescription taints the election.	Not void; inclusion of 2340 acres did not render the election invalid.
Did the 3360 acres become part of West Memphis by operation of law?	West Memphis contends the 3360 acres annexed by Marion were not excludable and thus merged.	Marion contends the earlier annexation voids or restricts this result.	Yes; 3360 acres became part of West Memphis.
Are the Millers' annexations valid given detachments procedures?	West Memphis asserts Millers failed to detach from West Memphis before annexing to Marion.	Millers contend procedures were properly followed for annexation.	Millers' land remains part of West Memphis (detachment not completed).
Did the circuit court err in applying 14-40-303(f) as to multiple annexations?	West Memphis argues the statute was not applicable; election results still valid.	Marion argues the statute governs overlapping annexations.	Although misapplied, result (3360 acres into West Memphis) was correct.

Beebe v. Fountain Lake Sch. Dist., 365 Ark. 536 (2006) (res judicata defined; merger/bar preclude relitigation)
Hunt v. Perry, 355 Ark. 303 (2003) (definition of finality and res judicata principles)
Reichenbach v. Serio, 309 Ark. 274 (1992) (timing of appeal; pre-election vs post-election remedies)
Henard v. St. Francis Election Comm., 301 Ark. 459 (1990) (pre-election statutory requirements strictly enforced)
Swanberg v. Tart, 300 Ark. 304 (1989) (pre-election process strictness and ballot validity)
Doty v. Bettis, 329 Ark. 120 (1997) (post-election remedies; effect of procedural defects)
Bridges v. Shields, 2011 Ark. 448 (2011) (affirming result despite incorrect reasoning)