Wright v. City of Bearden
2017 Ark. App. 534
| Ark. Ct. App. | 2017Background
- Rayford Wright appeals a Ouachita County Circuit Court judgment finding him in violation of Bearden Ordinance No. 115 and fining him $970 plus $25 in costs.
- The ordinance regulates keeping of horses, goats, cows, and hogs within Bearden, restricting within 300 feet of a residence.
- Wright argued the ordinance was unconstitutional.
- The circuit court ruled it could not address the constitutional challenge because it was not raised before the municipal court.
- On de novo review, Wright was allowed to raise the constitutional argument at the circuit level.
- The appellate court held the circuit court erred in declining to rule and reversed and remanded for ruling on the constitutional issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court could rule on the constitutional challenge | Wright argues the ordinance is unconstitutional. | Bearden contends the issue wasn’t raised in municipal court and thus could not be addressed. | Circuit court erred; it may rule on the constitutional challenge on de novo review. |
| Whether de novo review permits new defenses not raised in municipal court | Wright raised a constitutional challenge before the circuit court. | No defenses should be considered if not raised in municipal court. | Yes; de novo review allows raising arguments for the first time in circuit court. |
| Whether the constitutional challenge was adequately preserved for appeal | Wright preserved his challenge by raising it on appeal. | Argument not preserved due to lack of municipal-court pleadings. | Not fatal to considering the issue; de novo standard allows consideration. |
Key Cases Cited
- Bussey v. State, 315 Ark. 292 (Ark. 1993) (appeals from municipal court de novo; trial de novo principle)
- Duhon v. State, 299 Ark. 503 (Ark. 1989) (municipal-trial data and relevance to circuit review)
- Harrell v. City of Conway, 296 Ark. 247 (Ark. 1988) (de novo review context reaffirmed)
- In re Adoption of Baby Boy B., 2012 Ark. 92 (Ark. 2012) (preservation of constitutional argument for appeal discussed)