Case law

Bailey v. Martin

433 S.W.3d 904 · Supreme Court of Arkansas · May 14, 2014

Bailey thus argued that a writ of mandamus was not warranted, as there was no clearly established, undisputed legal right to demonstrate that mandamus should issue. … Similarly, we have held that a party may not utilize the process established in section 7-5-207(b) in a post-election challenge. See Zolliecoffer v.

Farmers Cooperative Ass'n v. Stevens

260 Ark. 735 · Supreme Court of Arkansas · Dec 13, 1976

Stevens contended, and the trial court held, that the land qualified for a rural homestead exemption under Article 9, Section 4, of the State Constitution. … The proof establishes that the 20-acre tract claimed to be exempt is used as defendant’s home and exclusively for agricultural purposes.

Opinion No.

Arkansas Attorney General Reports · Sep 22, 2004

officers are specified personnel of a public safety agency and are paid employees of the operating agency subject to the authority of the chief executive through that agency," 911 officers are entitled to the statutory tort immunity … This statute clearly authorizes one political subdivision by mutual aid agreement to route 911 calls originating in its jurisdiction to another political subdivision's 911 public safety communications center, including the

Patrick v. Tyson Foods, Inc.

489 S.W.3d 683 · Court of Appeals of Arkansas · Apr 20, 2016

This information included the security video that—according to appellant—clearly and accurately sets forth appellant’s activities on the morning in question. … Appellees demonstrated a prima facie case of entitlement to this qualified privilege, and appellant failed to meet proof with proof to demonstrate that there was any basis to bar appellees from the benefit of the qualified

Opinion No.

Arkansas Attorney General Reports · Mar 2, 2009

Given that the record(s) at issue are kept by the police department and the subject matter involves the suspension of a police department employee, I believe the records(s) clearly qualify as "public records" under this definition … Assuming, however, that some or all the documents qualify as "personnel records," they must be released unless their release constitutes a clearly unwarranted invasion of personal privacy.

Rison v. Farr

24 Ark. 161 · Supreme Court of Arkansas · Dec 15, 1865

electors in this state, and have fixed all the pre-requisites necessary to qualify a citizen to exercise the elective franchise. … And clearly, if the legislature cannot, by direct legislation, prohibit those who possess the constitutional qualification to vote, from exercising the elective franchise, that end cannot be'accomplished by indirect legislation

Riles v. Carroll County, Arkansas

District Court, W.D. Arkansas · Feb 24, 2025

Qualified immunity protects officials who commit constitutional violations from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known … “Whether a given set of facts entitles the official to summary judgment on qualified immunity grounds is a question of law.

Opinion No.

Arkansas Attorney General Reports · Feb 27, 1989

Section 21-8-401 (e) defines a governmental body as "any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial or legislative branch of the … Clearly, then, for purposes of this Act, only state level entities qualify as governmental bodies.

Boyd v. Weiss

333 Ark. 684 · Supreme Court of Arkansas · Jun 25, 1998

In Thompson, legislation had been passed which established new vocational-technical schools in counties having a population of less than 6,000. … Only Perry County qualified, and we struck down the legislation on the basis that there was no reason shown why Perry County, more so than any other county in the state, should be the lone qualifier.

Opinion No.

Arkansas Attorney General Reports · Dec 1, 2010

Given that the subjects of the request are public employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. … Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish that his privacy interests outweighed that of the public's under the circumstances presented

Opinion No.

Arkansas Attorney General Reports · May 9, 2001

I believe the answer to this question is clearly "yes." … In my opinion, paragraph 10 of the Agreement, which was executed by the chief executives of both Hope and Hempstead County, clearly qualifies as a "written mutual aid agreement" of the sort referenced in A.C.A. § 12-10-305

Opinion No.

Arkansas Attorney General Reports · Nov 15, 2010

Second, if the officials qualified to serve do not number five or more, the qualified officials or their appointed representatives will appoint additional members to equal five. … In my opinion, then, the statute clearly envisions that only qualifying public officials may serve for an indefinite term.

Opinion No.

Arkansas Attorney General Reports · Nov 21, 1995

Const. amend. 51 , § 9(a), provides: All persons may register who: (1) are qualified electors and who have not previously registered; (2) will become qualified electors during the twenty (20) day period immediately prior … No person may be qualified to vote in more than one (1) county at any one (1) time.

Opinion No.

Arkansas Attorney General Reports · Mar 23, 2011

qualify as "public records" under this definition. … circumstances to observe that the employees' privacy interest in nondisclosure is not insubstantial." 9 Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish

Sparks v. First National Bank

242 Ark. 435 · Supreme Court of Arkansas · Apr 24, 1967

The fact of minority shall be established by satisfactory evidence. b. Other Incompetents. … The use of the word “shall” requires a construction making the testimony or statement of at least one qualified medical witness mandatory in determination of incompetency.

Opinion No.

Arkansas Attorney General Reports · Apr 10, 2001

In my opinion, operating such a facility clearly qualifies as a "vocation" or "calling," thus rendering the facility subject to taxation if the municipal corporation elects to impose a tax. … City of Little Rock, 229 Ark. 819 , 319 S.W.2d 37 (1958), which involved a challenge to a requirement that the NAACP disclose its membership list as a condition to qualifying for a charitable exemption to the occupation or

Davault v. Parks

190 Ark. 370 · Supreme Court of Arkansas · Feb 18, 1935

Parks was named in the will as one of the executors and qualified and is acting in that capacity. … The rule of law alluded to is clearly stated in the case of Alford v. Johnson, 103 Ark. 236 , 146 S.

Mearns v. Mearns

58 Ark. App. 42 · Court of Appeals of Arkansas · Jun 4, 1997

Clearly, this directive contemplates the continued self-employment of the payor. … Finally, Monid argues that the value set by the court was clearly erroneous.

Opinion No.

Arkansas Attorney General Reports · Apr 6, 2011

qualify as "public records" under this definition. … circumstances to observe that the employees' privacy interest in nondisclosure is not insubstantial." 10 Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish

Herring v. Stannus

169 Ark. 244 · Supreme Court of Arkansas · Jun 29, 1925

for the reasons that it operates to deprive them of their liberty and property without due process of law; that the ordinance takes private property for public use without compensation; that it abridges the privileges and immunities … But we think it clearly appears that the natufie of this business, and the early hours 'in the morning and the late hours in the evening during which it is operated, make it a proper subject of regulation.