Justia Arkansas Supreme Court Opinion Summaries

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

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

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

The Arkansas Department of Human Services (DHS) amended its licensing requirements to include certain minimum general-liability-insurance coverage for all child-care centers. Plaintiffs, three school districts that operated child-care centers licensed by DHS, filed a complaint alleging that DHS’s requirement that they purchase general-liability-insurance conflicted with their tort immunity under Ark. Code. 21-9-301(a). Defendants, DHS and John Selig, the director of DHS, filed a motion to dismiss, arguing that the school districts’ claims were barred by sovereign and statutory immunity. The circuit court denied the motion to dismiss. The Supreme Court affirmed in part, reversed in part, and dismissed in part, holding (1) the circuit court correctly denied Defendants’ motion to dismiss on sovereign-immunity grounds as to DHS and John Selig, in his official capacity; (2) to the extent the school district made claims against Selig individually, they were barred by Ark. Code Ann. 19-10-305(a); and (3) the remainder of Plaintiffs’ arguments were not properly before the Court. View "Ark. Dep't of Human Servs. v. Fort Smith Sch. Dist." on Justia Law

When the Arkansas State Medical Board declined the application of Plaintiff, a breast oncology surgeon, for a permit to dispense legend drugs, Plaintiff sued, arguing that Act 515 of 1983, codified at Ark. Code Ann. 17-95-102, was unconstitutional. The circuit court granted Plaintiff’s motion for summary judgment, concluding that section 17-95-102(d) was unconstitutional. The General Assembly subsequently amended the statutory provision the circuit court had declared unconstitutional by passing Act 1169 of 2013. Plaintiff, on behalf of herself and other physicians similarly situated, and another individual filed a complaint alleging that Act 1169 was unconstitutional as special legislation, among other things. The circuit court granted summary judgment for the State. The Supreme Court affirmed, holding (1) res judicata was not applicable to this case; (2) Appellants’ argument that a statute that was declared unconstitutional and void cannot be amended was without merit; (3) Appellants failed to show that Act 1169 was impermissibly vague in all of its applications; (4) Appellants failed to establish that the Board was prevented from issuing permits upon approval as a mechanism for exercising its authority to carry out Act 1169; and (5) Act 1169 does not constitute unconstitutional special legislation. View "Abraham v. Beck" on Justia Law

Mason Mauldin, an employee of Central Flying Service, Inc. (CFS), was killed when the plane he was flying during the course of his employment crashed. Mauldin’s estate (the Estate) filed a wrongful-death complaint against CFS and Mauldin’s supervisor (collectively, Petitioners), alleging intentional misconduct, respondeat superior, wrongful death, and survival. The Estate then amended its complaint to raise a claim challenging the constitutionality of the Arkansas Workers’ Compensation Act. Petitioners moved to dismiss the Estate’s complaint because of a lack of subject-matter jurisdiction, asserting that the Estate’s exclusive remedy was provided by the Act. The circuit court denied the motion to dismiss. Petitioners petitioned the Supreme Court for a writ of prohibition to prohibit the circuit court from continuing to exercise jurisdiction over the complaint. The Supreme Court granted the petition, holding that the circuit court was wholly without jurisdiction over the Estate’s complaint, as (1) Petitioners were entitled to immunity from tort liability for the Estate’s claims against them; and (2) in order to challenge the constitutionality of the act, the Estate must demonstrate that the Act applies to it, and the Arkansas Workers’ Compensation Commission has exclusive, original jurisdiction to determine the applicability of the Act. View "Central Flying Serv. Inc. v. Circuit Court" on Justia Law

The City Manager of the City of Hot Springs unilaterally allowed regular meetings of the Board of Directors for the City, including a public-comment period following the meetings, to be telecast. Later, at a workshop retreat, the Board decided to cease the telecast of the public-comment period. Appellees filed a petition for relief under the Arkansas Freedom of Information Act (FOIA). The Board responded that lawful notice of the workshop had been given and that no action or vote was required for the Board to cease televising the public-comment period. The circuit court concluded that the Board was required to vote in public at a regular meeting in order to cease televising the public-comment period and that the Board’s action was taken in violation of FOIA. The circuit court also awarded attorney’s fees to Appellees. Before this appeal was filed, the Board voted at a regular public meeting to cease televising the public-comment period. The Supreme Court (1) dismissed the Board’s challenge to the circuit court’s finding that it violated FOIA as moot; and (2) affirmed the order awarding attorney’s fees and costs, as the Board did not preserve for appeal its objection to the fees. View "Bd. of Dirs. of the City of Hot Springs v. Pritchett" on Justia Law

Outdoor Cap Co., Inc., a headwear company, had been paying ad valorem personal-property taxes in Benton County since 1976. In 2011, Outdoor Cap sought a refund of certain taxes paid in 2008 and 2009 that Outdoor Cap asserted were exempt under the “manufacturer’s exemption” pursuant to Ark. Code Ann. 26-26-1102. Benton County denied the request for a refund. The circuit court also found that Outdoor Cap was not entitled to a refund of any portion of the 2008 and 2009 personal-property taxes it had paid. The Supreme Court affirmed, holding that the circuit court did not err in (1) finding that the personal-property tax was not exempt from taxation; (2) determining the personal property was not erroneously assessed; and (3) applying the voluntary payment doctrine. View "Outdoor Cap Co. v. Benton County Treasurer" on Justia Law

Jess Clayton was working at a nuclear facility owned and operated by Entergy Arkansas, Inc. and Entergy Operations, Inc. (collectively, Entergy) when he was injured by a falling steel beam. Clayton was an employee of Precision Surveillance Corporation at the time of the accident. Clayton sued Entergy and DP Engineering, Ltd., which was retained to provide engineering advice regarding the crane. Entergy and DP both filed motions to dismiss. The circuit court denied the motions. Entergy and DP petitioned for writ of prohibition, claiming that the circuit court was precluded from exercising jurisdiction over Clayton’s claims because jurisdiction lay exclusively with the Arkansas Workers’ Compensation Commission to determine the applicability of the Workers’ Compensation Act. The Supreme Court granted the petitions,, holding that the circuit court acted without jurisdiction in deciding whether an employer-employee relationship existed between Walter, Entergy, and DP, as these determinations lay exclusively with the Commission. View "Entergy Ark. Inc. v. Pope County Circuit Court" on Justia Law