Duit Construction Company, Inc., Appellant v. Arkansas State Claims Commission; Arkansas General Assembly, Claims…

Summary

The court affirmed dismissal of Duit Construction’s due-process challenge because the claim was barred by sovereign immunity. Duit did not plead facts establishing that the Claims Commission or General Assembly had a direct, personal, substantial, and pecuniary conflict sufficient to show an unconstitutional procedure or overcome the presumption of impartiality. Justice Baker concurred on the ground that Duit alleged only general bias and prejudice, while Justice Hart, dissenting, would have dismissed the appeal for lack of appellate jurisdiction.