Supreme Court of Arkansas
Johnny KEY
October 29, 20152015 Ark. LEXIS 607
Summary
The court held that sovereign immunity barred the appellees' claims because the requested relief would control the State Board's conduct, and the complaint did not plead facts establishing an exception to immunity. The State Board acted within its express statutory authority, alleged noncompliance with post-takeover reporting requirements did not invalidate that authority, and the constitutional and arbitrary-action allegations were legally insufficient or unpleaded. The court reversed the circuit court's denial of the motion to dismiss and dismissed the complaint. Hart, J., concurring, agreed with reversal but would reject the arbitrary-and-capricious challenge for failure to exhaust administrative and judicial remedies.