Justia Arkansas Supreme Court Opinion Summaries

In this case, the owners of a residential property in Fayetteville, Arkansas, sought to rent their home as a short-term rental when not in residence. The City of Fayetteville had enacted an ordinance regulating short-term rentals, requiring a license for all such properties and a conditional-use permit for certain types in residential zones. The ordinance also imposed a cap on the number of these rentals. After applying for a conditional-use permit, the property owners’ application was denied by the Fayetteville Planning Commission, which found the proposed rental incompatible with the neighborhood due to the number of similar rentals nearby.Following the denial, the property owners attempted to appeal to the Fayetteville City Council, but their appeal was not sponsored by the required number of council members. They then filed an administrative appeal in the Washington County Circuit Court, along with claims for declaratory and constitutional relief. They also sought a preliminary injunction to prevent enforcement of the ordinance while their case was pending. The City moved for summary judgment, arguing the administrative appeal was untimely. The circuit court denied the preliminary injunction and dismissed the administrative appeal for lack of jurisdiction, but left the constitutional claims pending.The Supreme Court of Arkansas reviewed only the denial of the preliminary injunction, as the dismissal of the administrative appeal was not properly before it due to the absence of a final, appealable order. The court held that the circuit court did not abuse its discretion in denying the preliminary injunction, finding no irreparable harm and no likelihood of success on the merits at this stage. The denial of the preliminary injunction was affirmed, and the appeal of the administrative dismissal was dismissed without prejudice for lack of jurisdiction. View "HAUSE v. CITY OF FAYETTEVILLE, ARKANSAS; THE FAYETTEVILLE PLANNING COMMISSION" on Justia Law

Mark Howerton was convicted in 2010 of computer child pornography and three counts of internet stalking of a child, based on offenses committed in 2009. He received a total prison sentence of 24 years, with some sentences suspended. Howerton was paroled in 2017 but returned to prison in 2020 for a parole violation. He was denied parole in 2022 for two years and again in 2024 for another two years. Howerton filed a petition for declaratory judgment and writ of mandamus, alleging that the chairperson of the Arkansas Post-Prison Transfer Board, Lona McCastlain, acted without legal authority in denying his parole, arguing that the denial was based on statutes applied ex post facto and an unauthorized “detriment to the community” rationale.The Pulaski County Circuit Court, Sixth Division, granted McCastlain’s motion to dismiss Howerton’s petition. The court found that Howerton failed to state sufficient facts to support his claims, noting that Arkansas parole statutes and regulations do not create a protectable liberty interest in discretionary parole decisions, and that parole eligibility is determined by the law in effect at the time the crime was committed. The court also found that Howerton did not demonstrate that the incorrect statute was applied or that the Board’s regulations were violated.On appeal, the Supreme Court of Arkansas reviewed the dismissal for abuse of discretion and for the existence of a justiciable controversy. The court held that Howerton failed to present sufficient facts to establish that McCastlain acted outside her authority or violated applicable statutes or regulations. The court affirmed the circuit court’s dismissal, concluding that Howerton’s allegations were insufficient to warrant declaratory or mandamus relief. View "HOWERTON v. MCCASTLAIN" on Justia Law

The Arkansas Board of Corrections filed a complaint against the Governor of Arkansas, the Secretary of the Arkansas Department of Corrections, and the Arkansas Department of Corrections, challenging the constitutionality of Acts 185 and 659 of 2023. The Board argued that these acts unlawfully transferred its power to manage the Department of Corrections to the Governor and the Secretary, in violation of amendment 33 of the Arkansas Constitution. The Board sought a declaratory judgment and a permanent injunction to prevent the enforcement of the challenged legislation.The Pulaski County Circuit Court granted a temporary restraining order (TRO) and later a preliminary injunction, finding that the Board demonstrated irreparable harm and a likelihood of success on the merits. The court also denied motions to dismiss the Board’s complaint and to disqualify the Board’s special counsel. The appellants, including the Governor and the Secretary, appealed the preliminary injunction, arguing that the Board failed to demonstrate irreparable harm.The Supreme Court of Arkansas reviewed the case and denied the appellants' motion to remand with instructions to vacate the preliminary injunction and dismiss as moot. The court found that the dispute was not moot despite the firing of Secretary Profiri, as the Board's complaint concerned the constitutionality of the legislation, not the individual holding the Secretary position. The court also dismissed the appellants' motion to disqualify the Board’s counsel, as it was outside the scope of interlocutory review.The Supreme Court of Arkansas affirmed the circuit court’s decision, holding that the circuit court did not abuse its discretion in determining that the Board demonstrated irreparable harm in the absence of the preliminary injunction. The court emphasized that the dispute over the Board’s authority would continue until the constitutionality of the challenged legislation was resolved. View "Sanders v. Arkansas Board of Corrections" on Justia Law

Michael and Susan Gates failed to file individual or corporate tax returns from 2012 to 2017. Mr. Gates pled no contest to one count of failing to file or pay taxes and was ordered to file tax returns for 2015, 2016, and 2017. The Department of Finance and Administration (DFA) audited these returns and found that the Gateses had not properly calculated their tax liability. The Gateses disputed this determination, submitted additional documentation, and DFA adjusted its calculations but still found the Gateses owed taxes. The Gateses continued to dispute the amount, leading to this lawsuit.The Garland County Circuit Court initially granted summary judgment in favor of DFA, but this decision was reversed and remanded by a higher court, which found that DFA had not adequately explained its calculations. On remand, DFA provided detailed evidence of its calculations and disallowances, and the circuit court again granted summary judgment in favor of DFA, noting the Gateses' failure to meaningfully respond to the new evidence.The Supreme Court of Arkansas reviewed the case and affirmed the circuit court's decision. The court held that DFA had met its prima facie burden by providing detailed evidence of the Gateses' net taxable income and tax liability for 2015, 2016, and 2017. The Gateses failed to meet their burden of proof by not providing specific facts to dispute DFA's calculations. The court concluded that the Gateses' general references to a large volume of documents were insufficient to create a genuine issue of material fact. The court did not address the Gateses' evidentiary objections, as it found that even considering the disputed documents, summary judgment was still appropriate. View "GATES v. HUDSON" on Justia Law

Kenneth Tilley sought financing from Malvern National Bank (MNB) for a real estate development project in 2009 and 2010, totaling $350,000. Tilley claimed MNB engaged in unfair dealings and sued for breach of contract, promissory estoppel, violations of the Arkansas Deceptive Trade Practices Act (ADTPA), tortious interference, negligence, and fraud. The case has been appealed multiple times, with the Arkansas Supreme Court previously reversing decisions related to Tilley's right to a jury trial.Initially, the Garland County Circuit Court struck Tilley's jury demand, which was reversed by the Arkansas Supreme Court. After remand, the circuit court reinstated a bench trial verdict, citing Act 13 of 2018, which was again reversed by the Supreme Court. On the third remand, MNB moved for summary judgment on all claims. The circuit court granted summary judgment, citing Tilley's reduction of collateral as a material alteration of the agreement, a rationale not argued by MNB. Tilley appealed this decision.The Arkansas Supreme Court reviewed the case and held that the circuit court did not violate the mandate by considering summary judgment. However, it was reversible error for the circuit court to grant summary judgment based on an unargued rationale. The Supreme Court affirmed summary judgment on Tilley's ADTPA, tortious interference, and negligence claims, finding no genuine issues of material fact. However, it reversed and remanded the summary judgment on Tilley's breach of contract, promissory estoppel, and fraud claims, determining that there were disputed material facts that required a jury trial. The case was remanded for further proceedings consistent with this opinion. View "Tilley v. Malvern National Bank" on Justia Law

Jonathan and Melissa Brizendine applied to become foster parents in January 2022. After completing their application, a DHS employee conducted a home visit and asked various questions, including about their religious affiliation. The Brizendines, who are non-religious, were also asked to provide additional information on Melissa’s PTSD and medical-marijuana use. On May 19, 2022, DHS denied their foster-parent application. The Brizendines filed a complaint on June 8, 2023, alleging that their application was denied due to their atheism and medical-marijuana use, claiming violations of the Arkansas Constitution, the Religious Freedom Restoration Act, and the Arkansas Medical Marijuana Amendment.The Pulaski County Circuit Court granted the State appellees' motion to dismiss, concluding that the Brizendines' complaint failed to state a claim under Arkansas Rule of Civil Procedure 12(b)(6) and that the State appellees were entitled to sovereign immunity. The court found that the Brizendines did not plead sufficient facts to show that the State’s actions were illegal or unconstitutional.The Supreme Court of Arkansas reviewed the case and affirmed the circuit court's decision. The court held that the Brizendines' complaint was speculative and did not meet the fact-pleading requirements necessary to overcome sovereign immunity. The court noted that the complaint lacked specific facts to support the claim that DHS denied the application based on religious preferences and medical-marijuana use. Additionally, the complaint did not establish any involvement of Governor Sanders or the Child Welfare Agency Review Board in the application process. Therefore, the State appellees were entitled to sovereign immunity, and the dismissal was affirmed. View "Brizendine v. Department of Human Services" on Justia Law

Jeremy Kennedy filed a petition to proceed in forma pauperis (IFP) to seek a declaratory judgment and writ of mandamus regarding a decision by the Arkansas Post-Prison Transfer Board (Board). The Board had denied his request for transfer to the Arkansas Division of Community Correction (DCC) and his subsequent request for a six-month reconsideration hearing. Kennedy argued that he was eligible for transfer under Arkansas law and that the Board acted outside its statutory authority by denying his transfer eligibility.The Izard County Circuit Court denied Kennedy’s IFP petition, finding that his claim was a duplicate of a previous lawsuit (case number 33CV-23-123) that was on appeal and another case (33CV-23-57) that he had voluntarily dismissed. The circuit court concluded that Kennedy’s petition did not state a colorable cause of action.The Supreme Court of Arkansas reviewed the case and affirmed the circuit court’s decision. The court held that the circuit court did not abuse its discretion in denying Kennedy’s IFP petition. The Supreme Court found that Kennedy’s latest filing did not present a legitimate claim that could be reasonably asserted based on the facts and current law. Therefore, the denial of Kennedy’s IFP petition was upheld. View "Kennedy v. Felts" on Justia Law

The case involves a dispute arising from a 2016 real estate transaction in which the Bauers sold residential property in Crawford County to the Beamons. The Beamons filed a complaint with two claims under the theory of fraud and deceit, seeking both monetary damages and equitable rescission of the contract. Before trial, the Beamons elected remedies associated with their equitable claim, leading to a bench trial. The circuit court rejected the rescission claim but awarded damages for breach of contract and granted the Beamons' motion for attorney’s fees.The Bauers appealed to the Arkansas Supreme Court, arguing that the circuit court erred in awarding damages for breach of contract and attorney’s fees. The Beamons cross-appealed, arguing the court erred in denying their rescission request. The Arkansas Supreme Court reversed the circuit court’s award of damages for breach of contract, affirmed the denial of rescission, and noted it lacked jurisdiction to review the attorney’s fees award due to the Bauers' failure to file an amended notice of appeal.Following the mandate, the Bauers filed motions for their own attorney’s fees and to set aside the Beamons' attorney’s-fee judgment. The circuit court concluded it lacked jurisdiction to consider these motions. The Bauers appealed this decision.The Arkansas Supreme Court reviewed the case and held that the circuit court erred in concluding it lacked jurisdiction. The court clarified that the mandate did not foreclose the circuit court from ruling on new motions for attorney’s fees, which are collateral matters, or on a motion to set aside a judgment for fraud under Arkansas Rule of Civil Procedure 60(c)(4). Consequently, the Arkansas Supreme Court reversed the circuit court’s decision and remanded the case for further proceedings on the Bauers' motions. View "BAUER v. BEAMON" on Justia Law

The case involves a petition filed by Jennifer McGill and Cherokee Nation Entertainment, LLC (CNE) seeking to invalidate a proposed constitutional amendment concerning the Pope County casino license. The petitioners argued that the Arkansas Secretary of State, John Thurston, improperly certified the proposed amendment. They claimed that the number of valid signatures was insufficient and that the popular name and ballot title were misleading. Local Voters in Charge (LVC) and Jim Knight intervened in the case, supporting the proposed amendment.Previously, the Arkansas Supreme Court granted expedited consideration of the petition and allowed the intervention. The court bifurcated the proceedings into two counts: the sufficiency of the signatures and the sufficiency of the popular name and ballot title. A Special Master was appointed to resolve factual disputes regarding the signatures, which were addressed in a separate opinion. This opinion focuses on the challenges to the popular name and ballot title.The Arkansas Supreme Court reviewed the popular name and ballot title certified by the Attorney General. The court held that the popular name and ballot title were sufficient and not misleading. The court found that the ballot title adequately informed voters that any existing casino license in Pope County would be revoked if the amendment passed. The court also rejected arguments that the popular name and ballot title failed to disclose conflicts with federal law or that they misled voters about the amendment's impact on future constitutional amendments.Ultimately, the Arkansas Supreme Court denied the petition, allowing the proposed amendment to remain on the ballot for the November 5, 2024, general election. The court issued its mandate immediately. View "MCGILL V. THURSTON" on Justia Law

The case revolves around Jon Comstock, a lawyer who was observing Rule 8.1 hearings in a Benton County jail courtroom. Comstock was seated behind a glass window where he could see but not hear the proceedings due to a malfunctioning or turned-off sound system. He attempted to make Judge Griffin aware of the violation of the constitutional guarantees of open court proceedings. During a break, Judge Griffin and Comstock had a heated exchange about Comstock's right to hear the proceedings, which resulted in Comstock being held in direct criminal contempt and sentenced to five days in Benton County Jail, with four and a half days suspended.Comstock filed an omnibus motion for a new trial, petition for review, and notice of appeal in the Benton County Circuit Court, arguing that the circuit court had jurisdiction to conduct a de novo trial of the contempt finding. The circuit court initially granted Comstock a new trial, but later ruled that it lacked jurisdiction to conduct a trial in the matter and dismissed the case, determining that the contempt order was a final order from a circuit court and that the appellate court was the proper venue for a review of that order.The Supreme Court of Arkansas affirmed the decision of the Benton County Circuit Court. It held that the contempt order was indeed a final order from a circuit court and that the appellate court was the proper venue for a review of that order. The court also found substantial evidence to support the circuit court’s order finding Comstock in direct criminal contempt. Therefore, the court affirmed the circuit court's finding and declined to reach Comstock’s recusal argument. View "Comstock v. State" on Justia Law