Landsnpulaski, LLC v. Arkansas Department of Correction

269 S.W.3d 793, 372 Ark. 40
Supreme Court of Arkansas·Decided December 13, 2007·No. 06-1334·Published·Cited by 23 cases

Opinion

Jim Gunter, Justice.

This appeal arises from an August 7, 2006, order of the Pulaski County Circuit Court, granting a motion for judgment on the pleadings filed by Appellee Arkansas Department of Correction (the ADC). Appellant LandsnPulaski, LLC, (LandsnPulaski) now brings this appeal and argues that the circuit court erred in granting the ADC’s motion for judgment on the pleadings. We affirm the circuit court’s ruling.

The ADC bought several parcels of land from the Virginia Alexander Family Limited Partnership on December 10, 1999. The Pulaski County Tax Collector later certified the land in question to the Commissioner of State Lands as being tax delinquent. The land was sold in a tax sale to LandsnPulaski on July 13, 2004, for $7,000. On August 18, 2004, LandsnPulaski obtained a limited warranty deed from the Commissioner of State Lands.

On December 30, 2004, LandsnPulaski filed an action against the ADC to quiet title to the property and “any person, entity or organization” claiming an interest in the property at issue. The ADC filed its answer on February 3, 2005. On February 1, 2006, the ADC filed a motion for judgment on the pleadings, arguing that (1) the property was exempt from taxation; (2) that the ADC had sovereign immunity; and (3) that the Commissioner of State Lands had no authority to convey the property to Appellant. On August 7, 2006, the circuit court granted the ADC’s motion for judgment on the pleadings, finding that the ADC was immune from suit pursuant to Article 5, Section 20 of the Arkansas Constitution. The circuit court further ruled that the title under which LandsnPulaski claimed the land at issue was a tax title and therefore void as to the interest of the State under Ark. Code Ann. § 22-5-402 (Repl. 2004). On August 28, 2006, LandsnPulaski filed its notice of appeal.

I. Motion for judgment on the pleadings

For its first point on appeal, LandsnPulaski argues that the circuit court erred in granting the ADC’s motion for judgment on the pleadings. Specifically, LandsnPulaski asserts that (1) it stated sufficient facts for title to the property to be quieted; (2) sovereign immunity is not applicable to this case because the action to quiet title falls under the ministerial-act exception; (3) even if sovereign immunity does apply in this case, it was waived when the ADC filed an answer and made an appearance in this matter; and (4) the Arkansas Attorney General has a duty under Ark. Code Ann. § 22-5-401 (Repl. 2004) to institute an action to quiet title to the subject property if it appears that another party is claiming ownership.

The ADC responds, arguing that the trial court correctly granted the ADC’s motion for judgment on the pleadings because the complaint is barred by sovereign immunity. The ADC further argues that the ministerial-act exception to immunity does not apply in this case, and that the State has not waived its immunity.

Motions for judgments on the pleadings are not favored by the courts. Estate of Hastings v. Planters & Stockmen Bank, 307 Ark. 34, 818 S.W.2d 239 (1991) (citing Reid v. Karoley, 229 Ark. 90, 313 S.W.2d 381 (1958)); see alsol C.J.S. Pleadings §§ 424-425. Such a judgment should be entered only if the pleadings show on their face that there is no defense to the suit. Brunson v. Little Rock Road Mach. Co., 251 Ark. 721, 474 S.W.2d 672 (1972). When considering the motion, we view the facts alleged in the complaint as true and in the light most favorable to the party seeking relief. Smith v. American Greetings Corp., 304 Ark. 596, 804 S.W.2d 683 (1991); Battle v. Harris, 298 Ark. 241, 766 S.W.2d 431 (1989).

Article 5, section 20, of 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. Sovereign immunity is jurisdictional immunity from suit, and jurisdiction must be determined entirely from the pleadings. Clowers v. Lassiter, 363 Ark. 241, 213 S.W.3d 6 (2005) (citing Ark. Tech Univ. v. Link, 341 Ark. 495, 17 S.W.3d 809 (2000)). In determining whether the doctrine of sovereign immunity applies, the court should determine if a judgment for the plaintiff will operate to control the action of the State or subject it to liability. If so, the suit is one against the State and is barred by the doctrine of sovereign immunity. Id.; see also Grine v. Board of Trustees, 338 Ark. 791, 2 S.W.3d 54 (1999); Fireman’s Ins. Co. v. Ark. State Claims Comm’n, 301 Ark. 451, 784 S.W.2d 771 (1990); Page v. McKinley, 196 Ark. 331, 118 S.W.2d 235 (1938).

In the present case, a judgment quieting title in LandsnPulaski would extinguish any claim the ADC has in the property, thus impacting the State’s assets. Such a judgment would operate to control the actions of the State. See Clowers, supra. Therefore, we conclude that the suit filed by LandsnPulaski to quiet title is a suit against the State and is barred by the doctrine of sovereign immunity. Id. We now turn to whether any exceptions to the doctrine of sovereign immunity apply in this case.

A. Ministerial-act exception

We will first address whether the action to quiet title falls under the ministerial-act exception to sovereign immunity. If the state agency is acting illegally or if a state agency officer refuses to do a purely ministerial action required by statute, an action against the agency or officer is not prohibited. Travelers Cas. & Surety Co. v. Ark. State Highway Comm’n, 353 Ark. 721, 120 S.W.3d 50 (2003); Commission on Judicial Discipline & Disability v. Digby, 303 Ark. 24, 792 S.W.2d 594 (1990); Federal Compress & Warehouse v. Call, 221 Ark. 537, 254 S.W.2d 319 (1953).

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Landsnpulaski, LLC v. Arkansas Department of Correction, 269 S.W.3d 793, 372 Ark. 40 (Ark. 2007).

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