Lange v. Martin , 2016 Ark. 363 ( 2016 )

Cite as 2016 Ark. 363
SUPREME COURT OF ARKANSAS
No. CV-16-796
CHUCK LANGE AND BILL WALMSLEY Opinion Delivered: October 27, 2016
INDIVIDUALLY AND ON BEHALF OF
COMMITTEE TO PROTECT AN ORIGINAL ACTION
ARKANSAS' VALUES/STOP CASINOS
NOW
PETITIONERS MOTION TO DISMISS COUNT III
OF THE COMPLAINT
V.
MOTION GRANTED; COUNT III
MARK MARTIN IN HIS OFFICIAL OF THE COMPLAINT DISMISSED.
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.
Cite as 2016 Ark. 363
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 WARREN E. DUPWE joins in this opinion.
GOODSON, J., not participating.
Friday, Eldredge & Clark LLP, by: Elizabeth Robben Murray, Ellen Owens Smith, and
Amanda J. Fray; Wright, Lindsey & Jennings LLP, by: 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.
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Cite as 2016 Ark. 363
Dover Dixon Horne PLLC, by: 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.
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