Justia Arkansas Supreme Court Opinion Summaries
Articles Posted in Government & Administrative Law
Worsham v. Bassett
Marilyn Worsham worked for a nonprofit agency and was later transferred to a host agency, at which time her pay was reduced. Worsham filed for unemployment benefits, but the Department of Workforce Services denied the claim. The Appeal Tribunal affirmed. The Board of Review affirmed and adopted the Appeal Tribunals ruling, finding that Worsham did not meet the wage requirements under Ark. Code Ann. 11-10-507(5)(A) for establishing a claim. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the Board did not err in refusing to accept additional evidence at another hearing; and (2) the Board did not err in ruling that Worsham did not meet the wage requirements for establishing an unemployment-benefit claim. View "Worsham v. Bassett" on Justia Law
Worsham v. Bassett
Marilyn Worsham worked for a nonprofit agency and was later transferred to a host agency, at which time her pay was reduced. Worsham filed for unemployment benefits, but the Department of Workforce Services denied the claim. The Appeal Tribunal affirmed. The Board of Review affirmed and adopted the Appeal Tribunals ruling, finding that Worsham did not meet the wage requirements under Ark. Code Ann. 11-10-507(5)(A) for establishing a claim. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the Board did not err in refusing to accept additional evidence at another hearing; and (2) the Board did not err in ruling that Worsham did not meet the wage requirements for establishing an unemployment-benefit claim. View "Worsham v. Bassett" on Justia Law
Sw. Power Pool Inc. v. Kanis & Denny Roads Suburban Water Improvement Dist. No. 34
In 2013, the Kanis and Denny Roads Suburban Water Improvement District No. 349 of Pulaski County (the District) reassessed Southwest Power Pool, Inc.’s (SPP) commercial facility, an improvement on its property that is connected to the City of Little Rock’s waterworks system, which resulted in an annual levy of $60,653. The District’s board of equalization confirmed the reassessment. SPP then filed a complaint in circuit court, arguing that the reassessment was wrong as a matter of law and of fact. The circuit court largely granted the District’s motion for summary judgment, and, following a bench trial on the issue of the sufficiency of the 2013 notice of reassessment, the circuit court granted final judgment in favor of the District. The Supreme Court reversed, holding that SPP’s facility cannot be assessed, and accordingly, the 2013 reassessment, and the subsequent reassessments, are invalid. View "Sw. Power Pool Inc. v. Kanis & Denny Roads Suburban Water Improvement Dist. No. 34" on Justia Law
Sw. Power Pool Inc. v. Kanis & Denny Roads Suburban Water Improvement Dist. No. 34
In 2013, the Kanis and Denny Roads Suburban Water Improvement District No. 349 of Pulaski County (the District) reassessed Southwest Power Pool, Inc.’s (SPP) commercial facility, an improvement on its property that is connected to the City of Little Rock’s waterworks system, which resulted in an annual levy of $60,653. The District’s board of equalization confirmed the reassessment. SPP then filed a complaint in circuit court, arguing that the reassessment was wrong as a matter of law and of fact. The circuit court largely granted the District’s motion for summary judgment, and, following a bench trial on the issue of the sufficiency of the 2013 notice of reassessment, the circuit court granted final judgment in favor of the District. The Supreme Court reversed, holding that SPP’s facility cannot be assessed, and accordingly, the 2013 reassessment, and the subsequent reassessments, are invalid. View "Sw. Power Pool Inc. v. Kanis & Denny Roads Suburban Water Improvement Dist. No. 34" on Justia Law
Ahmad v. Beck
The Arkansas State Medical Board found Dr. Mahmood Ahmad in violation of the Arkansas Medical Practices Act. While Ahmad’s administrative appeal was pending in the circuit court, Ahmad filed a complaint for declaratory judgment and injunctive relief against the Board and the Board’s chairman (collectively, the Board), alleging that portions of the Chronic Intractable Pain Treatment Act and certain Board regulations were unconstitutional. The Board moved to dismiss the complaint, arguing that, because Ahmad’s exclusive remedy was an administrative appeal of the Board’s order, Ahmad’s complaint for declaratory and injunctive relief was barred as a matter of law. Ahmad responded by filing a motion for temporary restraining order seeking an order prohibiting the Board from pursuing any administrative action against him until both his administrative appeal and his declaratory and injunctive action were concluded. The circuit court granted the Board’s motion to dismiss and denied Ahmad’s motion for a restraining order. The Supreme Court affirmed, holding (1) the circuit court did not err in dismissing Ahmad’s complaint for failure to exhaust administrative remedies; and (2) the circuit court did not err in denying, on jurisdictional grounds, Ahmad’s request for a temporary restraining order. View "Ahmad v. Beck" on Justia Law
Washington County Bd. of Trs.
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
Posted in:
Government & Administrative Law, Tax Law
Smith v. Pavan
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
Key v. Curry
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
Posted in:
Education Law, Government & Administrative Law
Walther v. Weatherford
Weatherford Artificial Lift Systems, Inc. (Weatherford) provided oil-field services that included hydraulic fracturing to the oil-and-gas production industry in the state. The Arkansas Department of Finance and Administration (ADFA) conducted an excise-tax audit of Weatherford’s purchases and sales for the period of 2006 through 2009. Weatherford paid the entire amount and then brought this lawsuit to recover the amount paid. The circuit court found that “proppants” were “equipment” under Ark. Code Ann. 26-52-402 and thus exempt from taxation. Therefore, the circuit court concluded that Weatherford was entitled to judgment in the amount of $1,356,440 with interest. The Supreme Court affirmed, holding that the circuit court did not err in concluding that the proppants in this case were equipment. View "Walther v. Weatherford" on Justia Law
Posted in:
Government & Administrative Law, Tax Law
Gawenis v. Ark. Oil & Gas Comm’n
Appellant was the owner of gas, oil, and other minerals situated within the Ozark Highlands Unit (OHU). SEECO, Inc. applied to create a drilling unit in the OHU and to integrate all unleased and uncommitted mineral interests within the unit. The Arkansas Oil and Gas Commission established the unit and integrated all unleased and uncommitted mineral interests within the unit with the exception of Appellant’s unleaded mineral interests. At a hearing before the Commission to hear evidence related to SEECO’s request to integrate Appellant’s unleaded mineral interests into the drilling unit, Appellant asserted that the Commission’s forced-integration procedures amounted to a taking of his property. The Commission subsequently integrated Appellant’s unleaded mineral interests into the drilling unit. The circuit court affirmed the Commission’s decision. The Supreme Court affirmed, holding (1) the forced integration procedures do not amount to an unconstitutional taking; and (2) the Commission’s order did not deprive Appellant of his constitutional right to a jury trial to determine just compensation for his property. View "Gawenis v. Ark. Oil & Gas Comm'n" on Justia Law