Bobby Roberts, Individually et al. v. Sharon Priest, Secretary of State v. John Hoyle, Individually et al.

BobbY ROBERTS, Individually and on Behalf of Arkansans to Protect Police, Libraries, Education & Services (Apples) v. Sharon PRIEST, Secretary of State;

JOHN HOYLE, Individually, and on Behalf of Arkansas Taypayers' Rights Association, and as Representative of the Class of 98,896 Arkansans who Petitioned for Proposed Constitutional Amendment 4 of 1998, Individually, and Further as Representative of the Class of All Registered Voters of the State of Arkansas, INTERVENORS

98-1052 ___ S.W.2d ___

Supreme Court of Arkansas

Opinion delivered November 19, 1998

Motions -- motion for costs -- granted in part. -- Complainant was awarded brief costs pursuant to Ark. Sup. Ct. R. 6-7; transcript costs had already awarded as set out in the supreme court's earlier per curiam delivered on November 11, 1998; each party was held responsible for expenses incurred but not awarded as costs in these two per curiam orders.

Motion for Costs; granted in part.

Friday, Eldredge & Clark, by: Elizabeth Robben Murray, Robert S. Shafer, and Ellen M. Owens, for petitioner.

Winston Bryant, Att'y Gen., by: Tim Humphries, Ass't Att'y Gen., for respondent.

Oscar Stilley, for intervenors.

Per Curiam.

Complainant requests costs as the prevailing party in theamount of $5,732.88. Pursuant to Ark. Sup. Ct. R. 6-7, the court awards complainant $210.00 in brief costs. Transcript costs have already been considered and awarded as set out in our earlier per curiam delivered on November 11, 1998.1 See Scott v. Priest, 326 Ark. 69, 928 S.W.2d 537 (1996). Each party will be responsible for expenses incurred but not awarded as costs in our two per curiam orders.

1 Reporter's note: Roberts v. Priest, 335 Ark. ___, ___ S.W.2d ___ (1998).