W.T. Davis v. Cutter Morning Star Sch., No. 15-1919 (8th Cir. 2016)
Annotate this CaseAfter the school districts sought termination of the Garland County School Desegregation Case Comprehensive Settlement Agreement and relief from the district court’s 1992 order enforcing it, the district court denied the school districts' Rule 60(b)(5) motion. The district court rejected the school districts' argument that the Agreement is no longer just or equitable to give the 1992 order or the Agreement prospective application in light of the repeal of the Arkansas School Choice Act of 1989 (School Choice Act), Ark. Code Ann. 6-18-206 (repealed 2013). The court concluded that the school districts have presented no evidence that they have either fully complied or that there have been changed circumstances in those other areas of the Agreement. Therefore, termination of the entire Agreement would be supported by nothing more than the notion that it is no longer convenient to live with. The court affirmed the judgment.
Court Description: Kelly, Author, with Bright and Gruender, Circuit Judges] Civil case - School Desegregation. The district court did not err in denying the school districts' Rule 60(b)(5) motion to terminate the Garland County School Desegregation Case Comprehensive Settlement Agreement and the court's 1992 order enforcing the Agreement in light of the repeal of the Arkansas School Choice Act of 1989 and its replacement by the Arkansas Public School Choice Act of 2013.
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