Justia Government & Administrative Law Opinion Summaries

In 2011, 2012, and 2013, the Board of Trustees of the University of Arkansas (“University”) submitted applications to the Washington County Tax Assessor seeking immunity from taxation or, alternatively, exemption from taxation for tax years 2010 through 2012. The assessor denied the University’s applications. The Washington County Board of Equalization affirmed. The University paid the assessed taxes under protest and appealed. The county court affirmed. The University appealed and filed a complaint in the circuit court. The Fayetteville School District intervened in the case. The circuit court granted summary judgment in favor of the University, concluding that the University was entitled to sovereign immunity from ad valorem taxation. The school district and the county and its assessor and tax collector appealed. The Supreme Court affirmed, holding that the University is an instrumentality of the State, and therefore, the property at issue was immune from ad valorem taxation. View "Washington County Bd. of Trs." on Justia Law

Plaintiffs in this case were three female same-sex married couples and their children. One spouse in each married couple gave birth to a child, but the Arkansas Department of Health declined to issue a birth certificate with both spouses listed as parents. Plaintiffs filed suit seeking a declaration that Defendant, the Director of the Department, violated their constitutional rights and that certain statutory provisions were unconstitutional. After a hearing, the circuit court announced its intention to order the Department to amend the birth certificates of the child-plaintiffs. Before the written order was entered, Defendant requested a stay pending appeal. The circuit court denied Defendant’s request, ordered Defendant to issue amended birth certificates to Plaintiffs, and struck portions of a statute and made substantial additions to a provision of the Arkansas Code. The Supreme Court (1) denied the petition for emergency stay as to the portions of the order and memorandum opinion ordering Defendant to provide amended birth certificates to Plaintiffs, as Defendant did not challenge this portion of the order; but (2) granted the petition as to the remainder of the order and memorandum opinion, holding that it was best to preserve the status quo ante with regard to the statutory provisions while the Court considered the circuit court’s ruling. View "Smith v. Pavan" on Justia Law

In 2014, the Arkansas State Board of Education (State Board) classified six schools within the Little Rock School District as being in academic distress. In 2015, the State Board voted to immediately remove all members of the District’s board of directors and to direct the commissioner of education to assume the authority of the Board of Directors for the governance of the District. Appellees, three former members of the District board of directors and a parent whose children attend school in the District - filed an amended complaint for declaratory relief, writ of prohibition, writ of mandamus, and injunctive relief, alleging that the State Board’s actions were unconstitutional, ultra vires, arbitrary, capricious, and wantonly injurious. Appellants moved to dismiss the complaint, arguing that the action was barred by sovereign immunity. The trial court denied the motion to dismiss. Appellant subsequently filed this interlocutory appeal. The Supreme Court reversed and dismissed Appellees’ complaint, holding (1) the allegations in the complaint did not establish a sovereign-immunity exception; but (2) Appellees failed to establish in their complaint that the State Board acted arbitrarily, capriciously, or in bad faith in assuming control of the District. View "Key v. Curry" on Justia Law

The Pulaski County Election Commission (PCEC) filed a petition for declaratory judgment in the circuit court challenging the constitutionality of certain emergency rules promulgated by the Arkansas State Board of Election Commissioners (ASBEC) relating to absentee voters. The circuit court declared (1) the emergency rules were derivative of Act 595 of 2013, which amended the Arkansas election code to require that voters provide proof of identity when voting; (2) the Act was unconstitutional; and (3) the emergency rules were also unconstitutional. The Supreme Court affirmed in part and vacated in part, holding (1) the circuit court correctly ruled that the rules relating to absentee voters promulgated by the ASBEC were unconstitutional; but (2) the circuit court erred in declaring the Act unconstitutional, as that issue was not pled or developed before the court. View "State Bd. of Election Comm'rs v. Pulaski County Election Comm'n" on Justia Law

Appellant filed a pro se petition for judicial review pursuant to Ark. Code Ann. 25-12-212 of the Administrative Procedure Act, asserting that the chairman of the Arkansas Parole Board had improperly denied him release on parole. The circuit court dismissed the petition. The Supreme Court dismissed Appellant’s appeal and mooted his motions related to the appeal, holding that the circuit court did not err in dismissing the petition for judicial review where the petition was untimely filed, failed to state a valid claim of a due process violation, and was barred by sovereign immunity. View "Crossno v. Felts" on Justia Law

In 1993, Appellants developed Risperdal, a second-generation, or atypical, antipsychotic medication, which was considered highly beneficial in treating schizophrenia patients. In 2007, the State filed suit against Appellants, alleging that Appellants (1) knowingly made false statements or representations of material fact in their Risperdal label in violation of the Arkansas Medicaid Fraud False Claims Act (“MFFCA”); and (2) violated the Arkansas Deceptive Trade Practices Act (“DTPA”) by distributing a promotional letter to Arkansas healthcare providers that contained “false, deceptive, or unconscionable statements.” A jury found that Janssen violated the MFFCA and the DTPA by failing to comply with federal labeling requirements and imposed civil penalties totaling $11,422,500. The Supreme Court (1) reversed and dismissed the MFFCA claim, as Appellants were not healthcare facilities or applying for certification as described by the statute; and (2) reversed and remanded the DTPA claim, holding that the circuit court abused its discretion in admitting certain hearsay into evidence. View "Ortho-McNeil-Janssen Pharms., Inc. v. State" on Justia Law

The Legislative Auditor subpoenaed Appellant to appear and testify during a meeting of the Legislative Joint Auditing Committee’s Standing Committee on Counties and Municipalities, but Appellant failed to appear. The Auditor subsequently filed a petition for adjudication of contempt. The circuit court eventually entered an order finding Appellant guilty of criminal contempt and issued a $250 fine. The Supreme Court affirmed, holding that the circuit court did not err (1) in denying Appellant’s motion to dismiss for lack of service pursuant to Ark. R. Civ. P. 4; (2) in ruling that the subpoena was a valid subpoena; and (3) in finding Appellant in criminal contempt. View "Valley v. Pulaski County Circuit Court" on Justia Law

In 1989, Appellee pled guilty to one count of first-degree sexual abuse. In 2013, Appellee filed a motion asking the circuit court to terminate his obligation to register as a sex offender. The circuit court granted the motion and denied the State’s subsequent motion for reconsideration. The State appealed, contending that the circuit court clearly erred in concluding that Appellee was not likely to pose a threat to the safety of others and therefore could be relieved of his obligation to register as a sex offender. The Supreme Court affirmed the circuit court’s decision terminating Appellee’s obligation to register as a sex offender, holding that the circuit court did not clearly err in concluding that Appellee had proved by a preponderance of the evidence that he was not likely to pose a threat to the safety of others. View "State v. Khabeer" on Justia Law

Appellant was injured while working for Employer. Following the accident, a drug test on Appellant came back positive. Appellant sought workers’ compensation benefits. An administrative law judge found that Appellant was entitled to benefits, concluding that he met his burden of proving that his accidental work incident was not substantially occasioned by the use of drugs. The Arkansas Workers’ Compensation Commission reversed, determining that Appellant did not rebut the presumption that his accident was substantially occasioned by his use of illegal drugs. The Supreme Court reversed and remanded to the Commission for a determination of benefits, holding that substantial evidence did not support the Commission’s finding that Appellant failed to rebut the presumption by a preponderance of the evidence. View "Prock v. Bull Shoals Boat Landing" on Justia Law

Appellant was injured at work and taken to the hospital, where he tested positive for marijuana. The Arkansas Workers’ Compensation Commission denied Appellant’s claim for benefits based on its finding that, after the accident, Appellant tested positive for illegal drugs and thatAppellant failed to rebut the statutory presumption that the accident was substantially occasioned by his drug use. The Supreme Court reversed and remanded the Commission’s decision, holding that substantial evidence did not support the finding that Appellant failed to rebut the presumption that his accident was not substantially occasioned by his use of illegal drugs. View "Edmisten v. Bull Shoals Landing" on Justia Law