Tracy Johnson, Gina Rambo, James R. "Rick" Bright, Greg Moon, and Karen Pryor v. Carol Wright, Individually and in Her Official Capacity as Past Chairman and Current and Past Member of the Eureka Springs City Advertising and Promotion Commission Jeff Carter, Individually and in His Official Capacity as a Member and Current Chairman of the Eureka Springs City Advertising and Promotion Commission James Devito, Individually and in His Official Capacity as a Member [Of] the Eureka Springs City Advertising and Promotion Commission Melissa Green, Individually and in Her Official Capacity as a Member [Of] the Eureka Springs City Advertising and Promotion Commission Harry Meyer, Individually and in His Official Capacity as a Member [Of] the Eureka Springs City Advertising and Promotion Commission Patrick Burnett, Individually and Ostensibly in His Official Capacity as an Apparent Member [Of] the Eureka Springs City Advertising and Promotion Commission The Eureka Springs City Advertising and Promotion Commission The City of Eureka Springs, Arkansas Robert D. "butch" Berry, Individually and as Mayor of the City of Eureka Springs, Arkansas Kim Stryker, Individually and in Her Official Capacity as Chief Administrative Assistant to Mayor Butch Berry State Auto Mutual Insurance Company And Philadelphia Indemnity Insurance Company, 2022 Ark. 57

Eureka Springs created a seven-member Advertising and Promotion Commission (CAPC) by ordinance; composition historically included two members of the city council and an at-large member.
State enabling statute (Ark. Code Ann. § 26-75-605) and city ordinances (2007, 2015) allowed the at-large CAPC member to reside in the levying municipality or in the county, and required two members to be members of the governing body.
Carol Wright was appointed in 2017 to the CAPC at-large seat but resided in Carroll County outside Eureka Springs city limits; Green and Meyer (both sitting city-council members) were appointed to the two governing-body CAPC seats in January 2021.
After internal CAPC personnel actions, appellants filed suit and sought an emergency injunction (June 2021) to remove Wright, Green, and Meyer as illegally appointed; the Carroll County Circuit Court denied the injunction.
Appellants appealed the denial, arguing Wright’s appointment violated Ark. Const. art. 19 § 3 (must possess elector qualifications) and Green/Meyer’s appointments violated Ark. Code Ann. § 14-42-107(a)(2) (bar on council members’ appointment to municipal office).
The Arkansas Supreme Court reviewed statutory and constitutional claims de novo and affirmed the denial of injunctive relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Wright’s appointment as the at-large CAPC commissioner violated Ark. Const. art. 19 § 3 (must possess elector qualifications / residence)	Wright is not a resident/elector of Eureka Springs, so art. 19 § 3 bars her appointment	§ 26-75-605(a)(3) expressly permits the at-large member to reside in the county; Wright meets elector qualifications under art. 3 § 1; prior cases on residency involved elected offices or conflicting statutes	Affirmed: No constitutional bar. Statute and city ordinance permit county resident at-large appointment; cited residency cases were distinguishable (elected-office context or different statutory rules).
Whether Green’s and Meyer’s appointments (sitting council members) violated § 14-42-107(a)(2) prohibiting appointment of council members to municipal office	§ 14-42-107(a)(2) forbids a council member’s appointment to municipal office during term, so their CAPC appointments are invalid	§ 26-75-605(a)(2) specifically requires two governing-body members on the CAPC; specific statute controls general; 2017 amendments to § 14-42-107 were non-substantive terminology changes	Affirmed: § 26-75-605(a)(2) authorizes (and requires) council members to serve on CAPC; § 14-42-107(a)(2) does not disqualify Green and Meyer.

Thomas v. Sitton, 213 Ark. 816, 212 S.W.2d 710 (1948) (held city marshal—an elected official—must reside in city under election statute)
Davis v. Holt, 304 Ark. 619, 804 S.W.2d 362 (1991) (residency requirement in school-district election context; contrasted elected-office residency rules)
Charisse v. Eldred, 252 Ark. 101, 477 S.W.2d 480 (1972) (election-residency inquiry for city alderman)
Searcy Farm Supply, LLC v. Merchants & Planters Bank, 369 Ark. 487, 256 S.W.3d 496 (2007) (statutory-construction canon: specific statute controls over general)
Kyle v. State, 312 Ark. 274, 849 S.W.2d 935 (1993) (later act controls when statutes conflict)
First Natl. Bank of DeWitt v. Cruthis, 360 Ark. 528, 203 S.W.3d 88 (2005) (standard: constitutional provisions given their plain meaning; appellate review de novo)