Supreme Court of Arkansas

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

December 10, 20152015 Ark. LEXIS 660

Summary

The court affirmed dismissal of Duit Construction’s due-process claim, holding that the claim was barred by sovereign immunity because Duit did not plead facts establishing an unconstitutional act or a sufficiently specific conflict of interest by the decision makers. The court held that general allegations concerning political, budgetary, and institutional interests did not overcome the presumption that adjudicators act honestly, impartially, and in good faith. Justice Baker concurred in the result, while Justice Hart, dissenting, would have dismissed the appeal for lack of appellate jurisdiction.