Case law

Clark County, Ark. v. At&t Corp.

2026 Ark. App. 348 · Court of Appeals of Arkansas · May 20, 2026

Standard of Review The standard of review on appeal from a bench trial is whether the circuit court’s findings were clearly erroneous or clearly against the preponderance of the evidence. City of Rockport v. … of the state, is immune from ad valorem taxation).

Shelton v. McKinley

174 F. Supp. 351 · District Court, E.D. Arkansas · Jun 8, 1959

Once membership is established, then discharge or a declaration of ineligibility automatically follows. … Board of Higher Education, both supra, establish that such cannot be done. This Court, of course, cannot do otherwise than follow the decisions just mentioned. Weiman v.

Stewart v. Henslee

206 F. Supp. 137 · District Court, E.D. Arkansas · Jun 12, 1962

, that the State did not rebut it, and that the *139 District Court’s conclusion to the contrary was clearly erroneous. … A fact of this kind, as has been noted above, would support a conclusion that a prima facie case of discrimination in the selection of juries in these civil divisions has been established.” la.

Ritter v. Arkansas Department of Human Services

511 S.W.3d 343 · Court of Appeals of Arkansas · Jan 18, 2017

In determining whether a finding is clearly erroneous, an appellate court gives due deference to the opportunity of the circuit court to assess the witnesses’ credibility. Id. … DHS counters that this argument is raised for the first time on appeal and that, in the alternative, the argument is unavailing because the ICWA establishes a higher standard of proof for terminations, not “grounds” for

Scott v. Holladay

District Court, E.D. Arkansas · Aug 9, 2019

To determine whether a defendant is entitled to qualified immunity, the Court must consider two questions: (1) do the facts alleged by plaintiff establish a violation of a constitutional or statutory right; and (2) if so … , was that right clearly established at the time of the defendant’s alleged misconduct.

Chisum v. State

273 Ark. 1 · Supreme Court of Arkansas · May 26, 1981

Here the trial judge’s decision was not clearly erroneous. Chisum’s statement itself shows that he remembered many of the pertinent events. … Here Moreland’s extensive practical experience in observing and assisting with autopsies qualified him to describe what he saw.

Second Baptist Church v. Little Rock Historic District Commission

293 Ark. 155 · Supreme Court of Arkansas · Jul 20, 1987

With the passage of the Historic District Act, the Arkansas Legislature allowed qualified municipalities to take steps to protect places of historic interest within their boundaries. Ark. Stat. … Establishing that different applicants are treated differently does not prove the denial of equal protection. City of Sante Fe v. Gamble-Skogmo, Inc., 73 N.M. 1401 , 389 P.2d 19 (1964).

Opinion No.

Arkansas Attorney General Reports · Feb 17, 2004

The scope of practice defined here, and the areas specifically set forth, are part of an effort to establish the broad range of services offered within the profession. … The Arkansas Board of Examiners in Speech-Language Pathology Audiology has clearly adopted a policy against interfering with other hearing-related practices and professions.

City of Little Rock v. Breeding

273 Ark. 437 · Supreme Court of Arkansas · Jul 20, 1981

‘However, zoning regulations and ordinances are not immune to appellate review. … This was the case that established the so-called Pfeifer Rule wherein the court stated: “We are of the opinion that the evidence establishes very clearly and beyond controversy that the locality in question is a business

Stanley v. Brady

District Court, W.D. Arkansas · Aug 27, 2018

Qualified Immunity Analyzing a claim of qualified immunity requires a two-step inquiry. Jones v. McNeese, 675 F.3d 1158, 1161 (8th Cir. 2012). … and (2) the right was clearly established at the time of the violation.”

Opinion No.

Arkansas Attorney General Reports · Mar 20, 2009

Given that you are a public employee, I believe documents containing the requested information clearly qualify as "public records" under this definition, as would any other records maintained by your employer relating to … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Mar 24, 2009

Given that you are a public employee, I believe documents containing the requested information clearly qualify as "public records" under this definition, as would any other records maintained by your employer relating to … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Bell v. McDonald

432 S.W.3d 18 · Supreme Court of Arkansas · Feb 20, 2014

Wingard requested that scientific paternity testing be conducted to formally establish paternity of appellant. … We therefore held that our statute, which gives an illegitimate child 180 days to make her claim, clearly does not violate the equal-protection clause. Id.

Schieffler v. Pryor (In re Baldwin)

184 B.R. 558 · United States Bankruptcy Court, E.D. Arkansas · Apr 12, 1995

Said actions by the trustee and Baldwin were clearly taken only for the purpose of attempting to extract additional monies from the defendants without legal basis or justification. … to determine the issue of immunity. .

Cato v. Collins

394 F. Supp. 629 · District Court, E.D. Arkansas · Apr 1, 1975

Twillie was qualified for head basketball coach, he did not have the qualifications to head the Athletic Department as head football and basketball coach. The testimony established that Mr. … In addition, jurisdiction is established under the provisions of 42 U.S.C.A. § 1983 , seeking to redress the deprivations under color of law of rights, privileges and immunities secured under the Constitution and laws of

State Ex Rel. Attorney General v. Gus Blass Co.

193 Ark. 1159 · Supreme Court of Arkansas · May 10, 1937

This occupation was clearly one of common right and remains so subject to and limited by legitimate statutory regulations. … policies of The Gus Blass Company; further, that only qualified licensed optometrists authorized to practice should be employed.

Opinion No.

Arkansas Attorney General Reports · Jul 30, 2001

These provisions are qualified by several constitutional amendments. … The legislature thus clearly has the constitutional authority to impose temporal restrictions on the repayment of revenue bonds.

Barnes v. Byers

District Court, E.D. Arkansas · May 16, 2022

Qualified Immunity Defendants argue they are protected from liability in their individual capacities by qualified immunity, which protects officials who act in an objectively reasonable … To determine whether defendants are entitled to qualified immunity, the courts generally consider two questions: (1) whether the facts alleged or shown, construed in the light most favorable to the plaintiff, establish

Spurgeon v. State

160 Ark. 112 · Supreme Court of Arkansas · Jul 9, 1923

This petition was verified by defendant as required by law, and was supported by the affidavits pf seventy qualified electors of the county, who were actual' residents of the county and not related to the defendant in any … The contention is that it is established by undisputed evidence that the confession was extorted by cruel and coercive treatment.

Opinion No.

Arkansas Attorney General Reports · Sep 25, 2008

Const. amend. 79 , sec. (1)(d)(1)(B), which establish an assessment cap for persons who are disabled or have reached the age of 65, mean that the county assessor is to cap the person's assessment at the value during the year … This provision of Amendment 79 clearly mandates that a person who becomes disabled or reaches the age of 65 will be assessed "based on the lower of the assessed value on the person's sixty-fifth birthday, on the date the