Rylwell, LLC; and John Thurston, Arkansas Commissioner of State Lands, Appellants v. Men Holdings 2, LLC; House…

Summary

The court affirmed summary judgment setting aside a tax sale because the State failed to provide constitutionally adequate notice to a purchaser whose unrecorded interest in the property had been disclosed to state and county officials. An unrecorded conveyance did not prevent the purchaser from holding a legally protected property interest, and the statutory notice scheme did not displace the State's independent due-process obligations. Chief Justice Hannah, concurring, agreed with the result but would have based it on strict compliance with the statutory notice requirements after the purchaser's interest and failed mailings became known.