Supreme Court of Arkansas

Arkansas Department of Community Correction and State of Arkansas v. City of Pine Bluff — Baker, J., Dissenting

February 7, 20132013 Ark. LEXIS 57

Summary

Justice Baker dissented from the majority's conclusion that the statute did not waive the State's sovereign immunity. She reasoned that the statute's mandatory requirement that regulations include specified minimum standards, including compliance with local zoning and health and safety codes, impliedly permits affected municipalities to seek judicial enforcement. She would have affirmed the circuit court's finding of an implied waiver. No separate opinion was provided in the supplied text.