An all-day hearing has been scheduled for April 1 to address a civil suit filed by Texarkana, Ark., Ward 2 Director Laney Harris against the city of Texarkana, Ark.
Harris' suit alleges the city's ordinance allowing the towing of inoperable vehicles parked on publicly visible residential property violates the "state constitution and state statues (sic)." Harris specifically claims that a car was towed from his property without due process in early 2012.
Also named as plaintiffs in the suit are Texarkana, Ark., residents Keith Bursey and Fred Bursey.
Harris filed a nearly identical suit in federal court in 2012. U.S. District Judge Susan Hickey, acting on the recommendation of U.S. Magistrate Judge Barry Bryant, dismissed the case in September 2014, finding no violations of federal law.
However, Hickey did leave open the possibility that Harris could ask a state court to rule on allegations the city's junk-car ordinance violates state law.
Harris appealed Hickey's ruling to the U.S. Court of Appeals for the 8th Circuit and lost.
"Do you really think the federal court wanted a non-lawyer to beat a lawyer?" Harris asked.
In May 2015, Harris filed the case in Miller County.
Harris said he wants a Miller County court to determine if the city can seize cars without a warrant.
"I kind of researched the case real good," Harris said. "It is easy to pick on a citizen that can't fight back. I want people to know that you can fight back."
Hot Springs lawyer Burt Newell, who represents the city of Texarkana, Ark., recently filed a motion for summary judgment. Newell argues that the court should be able to make a ruling to dismiss the case by reviewing transcripts and exhibits from the federal case without conducting a hearing.
"So the plaintiffs' present suit seeks to have this court find that the Texarkana towing ordinances are in violation of the state constitution on the same grounds as they earlier argued in federal court that the ordinance violates the U.S. Constitution," Newell's motion states. "As the court is well aware, this ploy is fraught with legal peril, as the Arkansas Supreme Court routinely and uniformly interprets constitutional arguments under the state constitution identically to arguments made under the U.S. Constitution on the same topics."
All three of Miller County's circuit judges have recused themselves. Circuit Judge Tom Cooper, who serves a nearby judicial district, was appointed to the case by the Arkansas Supreme Court in December. Cooper recently scheduled the case for a daylong hearing April 1. Cooper has not yet ruled on Newell's summary judgment motion.