Ark. Game & Fish Comm'n & Jeff Crow v. Heslep

2019 Ark. 226, 577 S.W.3d 1
CourtSupreme Court of Arkansas
DecidedJune 20, 2019
DocketNo. CV-18-136
StatusPublished
Cited by12 cases

This text of 2019 Ark. 226 (Ark. Game & Fish Comm'n & Jeff Crow v. Heslep) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ark. Game & Fish Comm'n & Jeff Crow v. Heslep, 2019 Ark. 226, 577 S.W.3d 1 (Ark. 2019).

Opinions

c. Allow Plaintiffs or others who rely on this access to perform maintenance and repair without damaging AGFC lands;
d. Declare AGFC's actions in this case of blocking access and making unreasonable demands to Plaintiffs as violating its authority under Amendment 35;
e. Declare the Land Use Permit Agreement unnecessary and outside the scope of AGFC's powers in Amendment 35 because it contains provisions that are unnecessary, unconscionable and against public policy;
f. Find AGFC's actions constitute a temporary or complete taking without due ... process and without compensation; and
g. For all other relief this Court deems necessary and proper.

The Hesleps also filed a motion for immediate temporary injunction and brief in support.

In response, AGFC filed a motion to dismiss as well as a memorandum in opposition to the Hesleps' request for preliminary injunction. AGFC advanced multiple bases for dismissal, including that AGFC has sovereign immunity under article 5, section 20 of the Arkansas Constitution. The Hesleps filed their brief in opposition to the motions to dismiss, and on December 19, 2017, the circuit court held a hearing on the pending motions. After hearing the arguments of counsel, the circuit court ruled from the bench and subsequently entered its written order granting dismissal of Director Crow individually, denying dismissal of AGFC and Director Crow in his official capacity, and granting the Hesleps a temporary injunction. The order stated that the circuit court, "after considering the pleadings and motions and hearing arguments of counsel but taking no testimony nor admitting evidence, finds" that AGFC is not entitled to sovereign immunity and that the complaint states sufficient facts upon which relief can be granted. Additionally, the circuit court ordered AGFC to "immediately provide a key to the locked gate" on the WMA road and "allow [the Hesleps] vehicular access using the road (including the recently-established alternate route as depicted in Exhibit 5 to [their] Complaint) for the purpose of accessing their property located *5north of the WMA." AGFC's timely interlocutory appeal followed.

I. Motion to Dismiss-Sovereign Immunity

Under its first point on appeal, AGFC argues that the sovereign immunity of the State and its agencies under article 5, section 20 of the Arkansas Constitution bars the Hesleps' suit. The Arkansas Constitution provides that "[t]he State of Arkansas shall never be made defendant in any of her courts." Ark. Const. art. 5, § 20. This court has extended the doctrine of sovereign immunity to include state agencies such as the Arkansas Game & Fish Commission. See Ark. Game & Fish Comm'n v. Eddings , 2011 Ark. 47, at 4, 378 S.W.3d 694, 697. Generally, a suit against the State is barred by the sovereign-immunity doctrine if a judgment for the plaintiff will operate to control the action of the State or subject the State to liability. Ark. State Med. Bd. v. Byers , 2017 Ark. 213, at 3, 521 S.W.3d 459, 462. There are, however, exceptions to that rule. Id. This court has held that a suit against the agency or officer is not prohibited if the state agency is acting illegally and that a state agency or officer may be enjoined from acting arbitrarily, capriciously, in bad faith, or in a wantonly injurious manner. See id.

Regarding our standard of review, this court has stated that we apply the abuse-of-discretion standard of review. Ark. Lottery Comm'n v. Alpha Mktg. , 2013 Ark. 232, at 6, 428 S.W.3d 415, 419. On reviewing the denial of the motion to dismiss on sovereign-immunity grounds, we look to the pleadings, treating the facts alleged in the complaint as true and viewing them in the light most favorable to the party who filed the complaint. Id. ; Williams v. McCoy , 2018 Ark. 17, at 3, 535 S.W.3d 266, 268. For purposes of a motion to dismiss, we treat only the facts alleged in a complaint as true, but not a party's theories, speculation, or statutory interpretation. Fitzgiven v. Dorey , 2013 Ark. 346, at 14, 429 S.W.3d 234, 242.

Turning now to the arguments on appeal, AGFC is correct that sovereign immunity would bar any claim for monetary damages. See Travelers Cas. & Sur. Co. of Am. v. Ark. State Highway Comm'n , 353 Ark. 721, 727, 120 S.W.3d 50, 53 (2003) (holding that sovereign immunity bars an action which will "tap into the State's treasury" for payment of damages); Ark. State Police Ret. Sys. v. Sligh , 2017 Ark. 109, 516 S.W.3d 241. AGFC points to Count IV of the complaint, which alleges that AGFC had effected a taking without just compensation in violation of the Fifth Amendment to the United States Constitution and article 2, section 22 of the Arkansas Constitution. While Count IV of the complaint does state that "AGFC should compensate Plaintiffs accordingly," the prayer for relief does not include a request for monetary damages, and the Hesleps state in their brief that they are not seeking monetary damages. There is simply no support for the argument that AGFC will suffer monetary damages where none have been requested. Accordingly, there is no basis for the State's assertion of sovereign immunity based on the fact that a plaintiff cannot seek monetary damages from the State.

Next, AGFC argues that sovereign immunity bars the Hesleps' claims for injunctive relief because they attempt to control its actions by restricting its ability to manage this WMA and others.

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Related

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2019 Ark. 356 (Supreme Court of Arkansas, 2019)

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Bluebook (online)
2019 Ark. 226, 577 S.W.3d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ark-game-fish-commn-jeff-crow-v-heslep-ark-2019.