In yesterday's Arkansas Supreme Court decision in Eureka Gun & Pawn, LLC v. City of Eureka Springs, the majority dismissed Eureka Gun & Pawn's appeal on procedural grounds. But three of the seven Justices opined on the substantive issue; from Justice Shawn Womack's concurrence, joined by Justices Barbara Webb and Nicholas Bronni:
[H]ad the matter proceeded in its proper posture, Eureka Gun should have prevailed on the merits…. Eureka Gun presented substantial evidence—including from the City's own planning-commission members and nearby commercial owners—that its application satisfied the ordinance's factors and that the proposed use was compatible with the surrounding district. And, other than testimony from City officials that they would not approve a CUP [Conditional Use Permit] for any business to sell firearms anywhere in the city, there was no real evidence identifying an ordinance factor that weighed against the CUP….
