Background

• In June 2009, two pay stations in Eureka Springs malfunctioned due to obsolete circuit boards, prompting replacement with individual meters.
• Ordinance No. 2106 waived bidding for coin-operated meters, appropriated up to $30,000, and declared an emergency to avoid continued revenue loss.
• Nineteen referendum petitions requested a special election to refer Ordinance 2106 to voters; the city clerk certified signatures but the council refused to call an election.
• Appellants filed a circuit court petition in November 2009 seeking declaratory, injunctive relief and mandamus, alleging violations of state law and historic district guidelines.
• The circuit court, without a motion by appellees, dismissed the complaint sua sponte, converting the matter to a summary-judgment proceeding and relying on external exhibits.
• Appellants appealed, arguing improper sua sponte dismissal; the court reversed and remanded, finding error in the dismissal and lack of notice.

Issues

Key Cases Cited

• Hackelton v. Malloy, 364 Ark. 469 (Ark. 2006) (notice and motions required; cannot grant without motion)
• Rogers v. Lamb, 347 Ark. 102 (Ark. 2001) (sua sponte ruling without proper motion is reversible error)
• 2200 Commercial Street Warehousing, L.L.C. v. Hastings Development Co., Inc., 98 Ark. App. 316 (Ark. App. 2007) (sua sponte grant of summary judgment reversible error)
• Nichols v. Culotches Bay Navigation Rights Committee, L.L.C., 2009 Ark. App. 365 (Ark. App. 2009) (reversible error to grant summary judgment sua sponte)
• Farmers Union Mut. Ins. Co. v. Robertson, 2010 Ark. 241 (Ark. 2010) (duediligence in pleading and approach to amendments)
• Edward J. DeBartolo Corp. v. Cartwright, 323 Ark. 573 (Ark. 1996) (pleading standards and burden of proof considerations)