Arkansas Department of Community Correction v. City of Pine Bluff
2013 Ark. 36
| Ark. | 2013Background
- DCC and the State of Arkansas appeal a Jefferson County circuit court order granting declaratory judgment and injunctive relief to the City of Pine Bluff.
- The City sought to prohibit DCC from housing parolees on its prison property absent City approval of zoning.
- DCC initially housed parolees in three existing buildings after Board approval; the City objected to transitional housing and sued.
- The City argued DCC was subject to local zoning, and that 16-93-1603(c)(2) waived sovereign immunity for such enforcement.
- The circuit court held §16-93-1603 creates a waiver and that venue was proper in Jefferson County, with enforcement via UPOR.
- We hold the circuit court lacked jurisdiction due to sovereign immunity and reverse/dismiss the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sovereign immunity waiver governs suit | City argues §16-93-1603(c)(2) creates an implied waiver | DCC contends no waiver exists and immunity bars suit | Sovereign immunity not waived; suit barred |
| Venue proper in Jefferson County | City contends venue proper | DCC asserts improper venue | Venue not sustained by sovereign-immunity analysis (reversed) |
| Zoning decision arbitrary or capricious | City argues zoning compliance required by statute; DCC must follow local zoning | DCC argues zoning actions are not governed by local zoning statutes as sovereign entity | Court did not reach substantive zoning merits; sovereign-immunity ruling controls |
Key Cases Cited
- Weiss v. McLemore, 371 Ark. 538 (2007) (implied waiver when statute mandates correction or adjustment of payments)
- McLemore, 371 Ark. 538, 268 S.W.3d 897 (2007) (implied waiver analysis for State sovereign immunity)
- Ark. Dept. of Human Servs. v. R.P., 333 Ark. 516, 970 S.W.2d 225 (1998) (legislative waiver in DHS FINS context)
- LandsnPulaski, LLC v. Ark. Dep’t of Corrections, 372 Ark. 40, 269 S.W.3d 793 (2007) (sovereign-immunity analysis for agency actions)
- Ark. Game & Fish Comm’n v. Eddings, 2011 Ark. 47, 378 S.W.3d 694 (2011) (twin checks for jurisdiction and waiver in State actions)