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Lange v. Martin
2016 Ark. 363
Ark.
2016
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Case Information

*1 SUPREME COURT OF ARKANSAS No. CV-16-796

Opinion Delivered: October 27, 2016 CHUCK LANGE AND BILL WALMSLEY INDIVIDUALLY AND ON BEHALF OF AN ORIGINAL ACTION COMMITTEE TO PROTECT ARKANSAS' VALUES/STOP CASINOS

NOW MOTION TO DISMISS COUNT III PETITIONERS OF THE COMPLAINT V. MOTION GRANTED; COUNT III OF THE COMPLAINT DISMISSED.

MARK MARTIN IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF THE STATE OF ARKANSAS

RESPONDENT

ARKANSAS WINS IN 2016, LLC, AND

ARKANSAS WINNING INITIATIVE,

INC.

INTERVENORS

CYNTHIA R. STONE, JEFF CROCKETT,

AND LARRY WITCHER

INTERVENORS ROBIN F. WYNNE, Associate Justice

Chuck Lange and Bill Walmsley, Individually and on behalf of Committee to Protect Arkansas Values/Stop Casinos Now, filed an original action in this court challenging the Arkansas Secretary of State’s certification of a proposed amendment to allow three casinos to operate in Arkansas for the November 8, 2016 general election ballot. The complaint contains three counts. Counts I and II challenge the ballot title of the proposed amendment. Count III challenges the signatures on the petitions submitted by the Sponsor Intervenors. We bifurcated the counts, electing to consider Counts I and II separately from Count III.

The court has already issued an opinion granting as to Counts I and II of the complaint. Lange v. Martin , 2016 Ark. 337.

Intervenors Arkansas Wins in 2016, LLC, and Arkansas Winning Initiative Inc. filed a petition for rehearing from this court’s decision granting as to Counts I and II of the complaint. Respondent Mark Martin, as Secretary of State of the State of Arkansas, has filed a motion to dismiss Count III of the complaint as moot. An issue is moot when a decision by this court would have no practical effect on a then existing legal controversy. See Newman v. Crawford County Cir. Ct. , 2014 Ark. 308. On October 21, 2016, this court denied the petition for rehearing on our opinion addressing Counts I and II. This renders any possible decision by this court on Count III without practical effect. Also, none of our exceptions to the mootness doctrine apply. Respondent’s motion to dismiss Count III of the complaint is well-taken and is hereby granted.

Motion granted; Count III of the complaint dismissed.

Mandate to issue immediately.

Special Justice W ARREN E. D UPWE joins in this opinion.

G OODSON , J., not participating.

Friday, Eldredge & Clark LLP , by: Elizabeth Robben Murray Ellen Owens Smith , and Amanda J. Fray ; Wright, Lindsey & Jennings LLP Stephen R. Lancaster Justin T. Allen , and Jacob P. Fair , for petitioners.

AJ Kelly , Deputy Sec’y of State & Gen. Counsel, and Andrés Rhodes , Assoc. Gen. Counsel, for respondent.

Dover Dixon Horne PLLC Todd Wooten Thomas S. Stone Randall L. Bynum , Mark Allison , and Monte D. Estes , for intervenors Arkansas Wins in 2016, LLC, and Arkansas Winning Initiative, Inc.

Steel, Wright, Gray & Hutchinson PLLC , by: Nate Steel , Alex T. Gray , and Jeremy Hutchinson , for intervenors Cynthia R. Stone, Jeff Crockett, and Larry Witcher.

Case Details

Case Name: Lange v. Martin
Court Name: Supreme Court of Arkansas
Date Published: Oct 27, 2016
Citation: 2016 Ark. 363
Docket Number: CV-16-796
Court Abbreviation: Ark.
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