Justia Government & Administrative Law Opinion Summaries

The Supreme Court reversed in part the judgment of the circuit court denying the motion for summary judgment filed by Appellant Bear Chaney, in his official capacity as the Director of the Arkansas Assessment Coordination Division (AACD) of the State of Arkansas, holding the the circuit court erred as a matter of law in finding that Appellant was not entitled to sovereign immunity.Appellees appealed the county court's rulings denying their claims challenging the assessed values of their working interests as determined by the county assessor and added claims for injunctive relief against Chaney in his official capacity as the director of the AACD. Chaney moved for summary judgment, arguing that the claims against him were barred. The circuit court denied the motion. The Supreme Court reversed in part and dismissed in part, holding (1) the circuit court erred as a matter of law in finding that Chaney was not immune from suit; and (2) Chaney's argument that the circuit court lacked subject matter jurisdiction to award injunctive relief against him was outside the scope of this interlocutory appeal. View "Chaney v. Union Producing, LLC" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing Plaintiff's complaint alleging that the Washington County Court order reducing the number of townships and constable positions from fifteen positions to three was illegal because constable positions may be changed only by a direct vote of the people, holding that the circuit court did not abuse its discretion.Plaintiff's argument for reversal centered on the legality of the county court order, challenging only the legality of the county court order. The Supreme Court affirmed, holding that the order was legal as a matter of law and could not support a claim for relief. View "Clowers v. Edwards" on Justia Law

The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of the director of the Arkansas Department of Finance and Administration (DFA) and dismissing American Honda Motor Company's challenge to the DFA's denial of its request for a corporate tax refund, holding that the circuit court correctly granted summary judgment in favor of DFA.American Honda filed an action for judicial relief under the Arkansas Tax Procedure Act, Ark. Code Ann. 26-18-101 et seq., challenging DFA's decision to deny its request for a corporate tax refund. The circuit court granted summary judgment in favor of DFA. The Supreme Court affirmed, holding (1) judicial review of DFA's statutory interpretation of the Tax Procedure Act is de novo; and (2) while the circuit court improperly gave great deference to DFA's interpretation of the Tax Procedure Act, the circuit court correctly granted summary judgment in favor of DFA. View "American Honda Motor Co. v. Walther" on Justia Law

In this action challenging the decision of the Arkansas Medical Marijuana Commission disqualifying Carpenter Farms Medical Group, LLC's application for a marijuana-cultivation facility the Supreme Court affirmed in part and reversed and dismissed in part the judgment of the circuit court denying the State's motion to dismiss based on sovereign immunity, holding that the complaint may go forward only under Ark. Code Ann. 25-15-207 and the declaratory judgment action alleging an equal protection violation.In its complaint, Carpenter Farms asserted (1) it was the only 100 percent minority-owned applicant and that the Commission singled out its application for disparate treatment in violation of equal protection guarantees; and (2) the Commission violated the Administrative Procedure Act by failing to adopt certain rules and improperly applying the rules it did adopt. The circuit court denied the State's motion to dismiss based on sovereign immunity. The Supreme Court reversed and dismissed in part, holding (1) the lawsuit cannot proceed regarding the Commission's application of its own rules or as an administrative appeal; and (2) Carpenter Farms can go forward with it claim that the Commission failed to adopt model rules and with its declaratory judgment action alleging an equal protection violation. View "Arkansas Department of Finance & Administration v. Carpenter Farms Medical Group, LLC" on Justia Law

The Supreme Court reversed the vacated the opinion of the court of appeals affirming the decision of the Arkansas Workers' Compensation Commission affirming and adopting the findings of the administrative law judge (ALJ) awarding an additional-benefits claim to Bruce Menser, holding that Menser's additional-benefits claim was time barred by the statute of limitations.At the time Menser requested a hearing before the Commission, he was receiving workers' compensation benefits. The ALJ found that Menser sustained compensable brain and neuropathy injuries during the course and scope of his employment and that the statute of limitations did not bar Menser's claim for additional medical benefits because it had been tolled. The Commission affirmed and adopted the ALJ's decision. The court of appeals affirmed. The Supreme Court reversed, holding that the Commission erred in determining that Menser's claim for additional medical benefits sufficiently tolled the statute of limitations, and to the extent that Arkansas case law does not comport with this holding, those cases are overruled. View "White County Judge v. Menser" on Justia Law

The Supreme Court affirmed the order of the Arkansas Workers' Compensation Commission concluding that parent companies of a direct employer are immune from tort liability under the exclusive remedy statute, Ark. Code Ann. 11-9-105(a), holding that the Commission's decision was supported by substantial evidence.Plaintiff filed a wrongful death suit against the parent companies of her deceased husband's employer. The Commission concluded that the parent companies were statutory employers as principals and stockholders of the direct employer under section 11-9-105(a). The Commissioner further held that the parent companies' statutory entitlement to immunity was consistent with Ark. Const. art. V, 32. On appeal, Plaintiff argued that article 5, section 32 permits workers' compensation laws to extend only to "actual" employers. The Supreme Court affirmed, holding (1) the Commission's finding that the parent companies were immune under the exclusive remedy provision was supported by substantial evidence in the record; and (2) section 11-9-105(a) is constitutional because the parent companies had an employment relationship with Plaintiff's deceased husband. View "Meyers v. Yamato Kogyo Co." on Justia Law

The Supreme Court affirmed the circuit court's order granting summary judgment to the Arkansas State Police (ASP) based on sovereign immunity and dismissing Appellants' suit for declaratory and injunctive relief alleging that the ASP policy prohibiting individuals with felony convictions from placement on the ASP Towing Rotation List is illegal, holding that sovereign immunity barred Appellants' suit.On appeal, Appellants argued that sovereign immunity did not bar their suit because ASP, an agency of the state, was acting illegally. The Supreme Court disagreed, holding that Appellants failed to show that ASP was acting illegally, and therefore they could not overcome sovereign immunity. View "Steve's Auto Center of Conway, Inc. v. Arkansas State Police" on Justia Law

The Supreme Court affirmed the decision of the Arkansas Department of Correction (ADC) denying Appellant's petition to proceed in forma pauperis in a civil action requesting judicial review, holding that Appellant failed sufficiently to raise a constitutional question.In his civil action, Appellant asserted that prison officials initiated and conducted disciplinary proceedings against him in violation of his constitutional rights. The circuit court concluded that Appellant failed to state a colorable cause of action and that ADC officials were entitled to sovereign immunity. The Supreme Court affirmed the circuit court's denial of Appellant's petition, holding that Appellant did not state sufficient allegations entitling him to judicial review of ADC's administrative procedures. View "Muntaqim v. Kelley" on Justia Law

The Supreme Court reversed the order of the circuit court dismissing Appellant's petition for judicial review of an administrative decision by the director of the Arkansas State Police, holding that the circuit court erred in concluding that the petition was barred by the State's sovereign immunity from suit.Appellant, a California resident, submitted an application to the state police to become licensed as a private investigator in Arkansas. The application was denied, and Appellant filed an administrative appeal. Colonel William J. Bryant, in his capacity as the director of the state police, found that Appellant was ineligible to receive a license due to his prior convictions. The circuit court concluded that Appellant's petition for judicial review was barred by the State's sovereign immunity. The Supreme Court reversed, holding that the State's sovereign immunity from suit did not apply to this proceeding. View "Hackie v. Bryant" on Justia Law

The Supreme Court reversed the order of the circuit court granting Plaintiff's motion for summary judgment and finding that the City of Fort Smith and its directors violated the open-meeting provisions of the Arkansas Freedom of Information Act (FOIA) when three of the city directors and the city administrator exchanged emails relating to city business, holding that the email communication did not violate the open-meeting provisions set forth in Ark. Code Ann. 25-19-106.Specifically, the Court held (1) FOIA's open-meeting provisions apply to email and other forms of electronic communication between governmental officials just as they apply to in-person or telephonic conversations; but (2) the emails in this case were only background information and non-decisional information sharing, and therefore, there was no violation of the of the open-meeting provisions. View "City of Fort Smith v. Wade" on Justia Law