Supreme Court of Arkansas

Arkansas Department of Human Services, Division of Developmental Disabilities Services v. Civitan Center, Inc.

February 2, 20122012 Ark. LEXIS 48

Summary

The court reversed the circuit court's grant of summary judgment to Civitan and dismissed the action because Civitan failed to present a justiciable controversy. Civitan's requested declaration concerned a hypothetical future licensing decision involving an unknown provider and unnamed county, and the due-process claim based on the denial of a hearing was moot after the underlying dispute ended. Because the case was nonjusticiable, the court declined to reach the due-process and Administrative Procedure Act issues.