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Arkansas Supreme Court overturns recycling fees ruling

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Arkansas Supreme Court overturns recycling fees ruling


The upper court docket discovered that Fort Smith’s actions, although misleading, didn’t rise to the extent of an unlawful exaction. | Rawf8/Shutterstock

The Arkansas Supreme Courtroom overturned a decrease court docket’s ruling that residents had been entitled to restitution of recycling charges after a metropolis was found to be dumping recyclables within the landfill.

In a March 16 ruling, the Supreme Courtroom discovered that town of Fort Smith had not dedicated unlawful exaction and had not been unjustly enriched by gathering a month-to-month sanitation payment for the gathering and disposal of stable waste, regardless of dumping recyclables collected in separate bins right into a landfill. 

That call overturned a decrease circuit court docket’s ruling that the residents within the class-action lawsuit introduced by Jennifer Merriott had been entitled to $745,057.85 in restitution. 

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The upper court docket discovered that as a result of the month-to-month payment coated curbside pickup of trash, recyclables and yard waste, and since Fort Smith didn’t cost a separate, unbiased payment for curbside recycling, there was no misuse of charges even when town didn’t truly recycle what it collected.

“Fort Smith charged a unified payment that Fort Smith might, and did, spend inside the sanitation division,” the Supreme Courtroom opinion said. 

In response to the court docket paperwork, Fort Smith for years had a no-cost processing contract for recycling, however when the contract expired in 2014 and the processor proposed a $35-per-ton processing payment to proceed the service, town as a substitute started dumping most of its recycling within the landfill. 

“It continued to run a separate curbside-recycling route, promote its recycling program and provides warning stickers to residents that didn’t correctly separate their trash and their recyclables,” the court docket paperwork said. “This occurred regardless of Fort Smith’s observe of dumping the recyclables.” 

The category-action lawsuit got here after April 2017 press protection knowledgeable residents of the disposal technique. Fort Smith contracted with a brand new recycling vendor in July 2017.  

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“The circuit court docket held that residents paid a sanitation payment for what they thought included recycling. Fort Smith then dedicated an unlawful exaction when it didn’t disclose it wasn’t utilizing the payment for that goal,” the court docket paperwork word, however defined that “this reasoning is emotionally compelling however fails to fulfill” the necessities for unlawful exaction. 

That’s as a result of town used the payment for its meant goal, the Supreme Courtroom held. 

“The circuit court docket’s findings that Fort Smith didn’t notify the general public, deceived residents and destroyed public belief are indeniable,” the court docket paperwork state. “However these details don’t make the sanitation payment’s relationship to the providers much less affordable.” 

The opinion added that “unjust enrichment doesn’t exist to punish however to revive wrongful advantages, and there was no proof that Fort Smith retained monetary advantages from its actions that might be returned to the Class.” 

In a assertion despatched to 40/29 Information, Fort Smith Metropolis Administrator Carl Geffken stated town apologized for dumping the recyclables and that it was happy with the Supreme Courtroom’s choice. 

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“The town was attempting its finest to gather trash and added recycling as an elective service with out rising the payment,” Geffken stated, including that “since July 2017, 100% of the recycled supplies we acquire have been delivered to our recycle vendor that got here to Fort Smith to start out a recycling enterprise.”

 

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Arkansas

Fed report: Arkansas’ economic expansion continued in December | Northwest Arkansas Democrat-Gazette

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Fed report: Arkansas’ economic expansion continued in December | Northwest Arkansas Democrat-Gazette


Arkansas’ economic expansion continued in the last months of 2024 and positions the state to continue building momentum as the year opens, according to a regional economic analysis released Wednesday.

Nevertheless, rising prices could hinder growth and business executives are worried about persisting inflation and the potential economic hurdles that tariff increases could create. Christmas holiday sales were uplifting, coming in better than expected and brightening the outlook for 2025.

Sales were helped by a late Thanksgiving that fueled a spending spree and delivered a kickstart to the year, the Federal Reserve Bank reported Wednesday in its Beige Book economic analysis. The report covers 12 regional districts, including Arkansas and surrounding states in the St. Louis district.

“Retailers in our district indicated that December sales were stronger than in previous years,” Charles Gascon, the Fed economist for the Arkansas region, said Wednesday.

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Diggs '100% cleared' for big return to Arkansas lineup

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Diggs '100% cleared' for big return to Arkansas lineup


Arkansas coach Dave Van Horn gave a long-awaited update Wednesday on the status of senior outfielder Kendall Diggs, who suffered a torn labrum during the 2024 season.

Diggs, who exited a game against McNeese State in March with the injury, was hitting .357 at the time before finishing the year with a lowly .229 batting average.

It seems, after an offseason of recovery, the SEC veteran is on track for a major return for the Diamond Hogs.

“He’s 100% cleared to do everything now,” Van Horn said Wednesday. “Now, it’s all about timing at the plate. Getting that bat speed back that he’s had in the past. Seeing live pitching and just feeling confident…now it’s not about him being part of the team, because he’s going to be a big part of the team. It’s just a matter of how soon. We know what he can do when he’s full-go.”

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A 6-foot-0, 210-pound lefty hitter from Olathe, Kansas, Diggs was named to the All-SEC Second Team in 2023 after slashing .299/.436/.547 with 12 home runs and a team-high 63 RBIs.

“You look at what (Kendall) has done in the past, he played 50-some games last year with major tears,” Van Horn said. “He’s swinging the bat, he’s going to hit live pitching tomorrow. When I say live pitching, not just batting practice, we’re talking live pitching. So, we’ll see how that goes. He’s a little bit behind, but he’ll get there.”

Even after his 2024 injury, many expected Diggs to be selected in the 2024 MLB Draft, and his return gave Arkansas another competitive piece in a loaded outfield full of transfer portal additions.

“He’s stronger than ever, even with the shoulder injury,” Van Horn said. “He’s had a chance to work on his lower half and he’s a full-grown man now. It’s time to go, and I think he’s excited about being out there.”

The Razorbacks will open their season Friday, Feb. 14, against Washington State at Baum-Walker Stadium in Fayetteville.

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New address, same issues: Why John Calipari's dismal start at Arkansas mirrors his fall from favor at Kentucky

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New address, same issues: Why John Calipari's dismal start at Arkansas mirrors his fall from favor at Kentucky


Jan 14, 2025; Baton Rouge, Louisiana, USA; Arkansas Razorbacks head coach John Calipari reacts after being defeated by the LSU Tigers at Pete Maravich Assembly Center. Mandatory Credit: Stephen Lew-Imagn Images

Give John Calipari credit for stumbling upon a foolproof way to avoid extending his streak of early-round NCAA tournament flameouts.

You can’t get Gohlked again if you’re watching from the couch.

Arkansas is in major jeopardy of missing the NCAA tournament in Calipari’s highly anticipated debut season after an unremarkable non-league showing and a nightmare start to SEC play. The preseason No. 16 Razorbacks lost 78-74 at previously struggling LSU on Tuesday night to fall to 11-6 overall and 0-4 in the SEC.

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It was concerning when then-No. 1 Tennessee outclassed Arkansas by 24 in Knoxville on the first Saturday of January. The warning signs grew more ominous when the Razorbacks followed that with back-to-back home losses against nationally ranked Ole Miss and Florida last week. Now it’s full-blown panic time in Hog Country after Arkansas went to Baton Rouge for an apparent get-right game against one of the SEC’s only non-NCAA tournament contenders and somehow lost that too.

Despite playing without its third- and fourth-leading scorers due to injury, LSU erased deficits of 12 points late in the first half and eight points a few minutes into the second half. The Tigers (12-5, 1-3) built a nine-point lead of their own with less than five minutes to go, then withstood full-court pressure and a late scoring flurry from standout Arkansas freshman Boogie Fland to close out the victory.

Calipari’s postgame news conference Tuesday night was reminiscent of many that he delivered after losses late in his Kentucky tenure. He shouldered the blame for not preparing his team well enough yet offered few specifics regarding adjustments he intended to make.

Twice, Calipari told reporters in Baton Rouge, “I’ve got to do a better job with my team.” Later, he described himself as disappointed he’s “not getting through to these guys” and claimed he “may have to drag them to the finish line in some of these close games.”

There’s still time for Arkansas to dig its way out of this midseason hole, but the Razorbacks’ road to the NCAA tournament is uphill and obstacle-laden. A neutral-court victory over Michigan is Arkansas’ lone Quadrant 1 or 2 victory this season in seven opportunities. The Razorbacks’ second-best win of the season is … Lipscomb? Troy? Maybe 4-13 ACC doormat Miami?

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The historic strength of the SEC could be Arkansas’ salvation or demise. On one hand, plenty of chances for marquee victories remain in a league with nine teams in the current AP Top 25. On the other hand, per Ken Pomeroy, the Razorbacks will only be favored in five of their remaining 14 conference games. At this point, Arkansas is more likely to finish in the bottom third of the SEC than to make the NCAA tournament.

That Calipari’s former program is flourishing in his absence only highlights Arkansas’ struggles. Kentucky coach Mark Pope didn’t inherit a single returning player from Calipari, yet the roster he rebuilt on the fly via the transfer portal is 14-3 overall and 3-1 in the SEC. Fueled by its sleek, modern offense, Kentucky boasts impressive victories over Duke, Gonzaga, Louisville, Florida, Mississippi State and Texas A&M. If the season ended today, the Wildcats would be no worse than a No. 3 seed in the NCAA tournament.

Deep-pocketed Arkansas boosters envisioned a similar outcome when they plunked down big money to lure Calipari from Kentucky last spring. The fresh start appeared to be a win-win for both parties with Calipari in need of an offramp out of Lexington and Arkansas in search of a jolt of excitement.

Calipari’s tenure at Kentucky was perfect, until it wasn’t. For almost a decade, he fulfilled Big Blue Nation’s wildest dreams. The revolving door of one-and-done talent he recruited won SEC titles, made deep NCAA tournament runs and even captured the 2012 national title. But the program that was two wins away from a historic 40-0 season in 2015 never approached those heights again. The atmosphere in Lexington turned especially toxic after Calipari’s Wildcats lost to 15th-seeded St. Peters in the first round of the 2022 NCAA tournament and to 14th-seeded Oakland last year.

What observers have since learned is that a fresh start requires more than a change of address and an influx of red blazers and quarter-zip pullovers. You can’t hire a 65-year-old coach, allow him to bring over an assortment of longtime assistants and then expect different results.

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Armed with a war chest of NIL money that few other programs could match, Calipari assembled a roster that doesn’t mesh well with one-another or fit the modern game. Fland and fellow perimeter players DJ Wagner, Johnell Davis and Karter Knox can all hit a 3-pointer but are best with the ball in their hands attacking downhill. The spacing gets worse with forward Adou Thiero and center Jonas Aidoo in the frontcourt together, as neither are a threat from 3-point range.

Arkansas is shooting 33.7% from behind the arc as a team and is 248th nationally in percentage of points scored from 3-point range. Opposing defenses can afford to clog driving lanes, pack the paint and dare the Razorbacks to hoist contested jumpers early in the shot clock.

The hallmark of Calipari’s best Kentucky teams were long, athletic defenses that aggressively hounded 3-point shooters yet surrendered nothing easy at the rim. This Arkansas team is better defensively than some of Calipari’s most recent Kentucky teams, but it commits too many fouls and surrenders too many second-chance points to make up for the Razorbacks’ offensive woes.

Against LSU, it also didn’t help that a tough call went against Arkansas at a key juncture of the second half. LSU led 53-52 when referees called this a flagrant foul on Arkansas’ Trevon Brazile. The Razorbacks trailed 58-52 by the time they got the ball back.

How will Arkansas respond to a dismal SEC start made worse by the LSU loss? With effort and energy, Calipari says, despite a difficult upcoming schedule. Arkansas visits Missouri on Saturday, then hosts Georgia and Oklahoma. Matchups with Kentucky, Alabama, Auburn, Texas and Texas A&M await in February.

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“I told them after the game, ‘I’m not cracking so let’s just keep going,’” Calipari said Tuesday.

The Razorbacks have no choice.

Either they turn their disappointing season around now, or Calipari’s debut campaign in Fayetteville will end shy of the NCAA tournament.



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