Dockery v. Morgan, 380 S.W.3d 377

Appellant James Dockery sued the Arkansas Game and Fish Commission (Commission) and its commissioners/director in Pulaski County seeking declaratory and injunctive relief over gas leases the Commission entered into with private companies.
Gas-lease revenue, around $32 million, was deposited into the Game Protection Fund; Act 1147 of 2009 later appropriated the revenue to the Commission.
Dockery’s amended complaint (filed Oct. 1, 2009) asserted three counts: ultra vires acts under Amendment 35 (count one), illegal exaction (count two), and taxation of leased lands (count three).
In February 2010, the circuit court granted voluntary nonsuit of the Commission and later dismissed the Commission from the case; in March 2010 it dismissed counts against appellees in official capacity and all individual-capacity claims.
The circuit court held it lacked jurisdiction to entertain count three in its original form and dismissed counts one and two for failure to state a claim; it denied a request for injunctive relief pending appeal.
The court’s rulings rested on Amendment 35, Arkansas statutes on mineral leases (22-5-801 to -818), and federal Fish and Wildlife regulations restricting use of lease revenues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether count one states a claim under Amendment 35	Dockery contends facts show ultra vires leasing; seeks injunctive relief.	Counts are conclusory; relief requested is improper and beyond current leases.	Count one failed to plead fact-based, grantable relief.
Whether count two states an illegal-exaction claim	Gas-lease revenues misused; funds diverted improperly.	No tax or public-funds misappropriation proven; illegal-exaction not stated.	Court affirmed dismissal of count two.
Whether count three is within circuit court jurisdiction for taxation	Lands not tax-exempt; request to tax lands under Article 16, §5.	County courts hold exclusive jurisdiction over ad valorem taxation; circuit court lacks jurisdiction.	Circuit court lacked jurisdiction over taxation claim; count dismissed.
Whether the individual-capacity claims against the director and commissioners survive	Immunity does not bar claims; acts outside official capacity alleged.	Officials are immune unless malicious or outside scope; no such allegations pleaded.	Claims against individuals in their personal capacities were properly dismissed.
Whether injunctive relief pending appeal was properly denied	Needed to preserve status quo and prevent dissipation of funds.	Relief moot given final dispositions; no ongoing harm described.	Ruling on injunctive relief moot; affirmed denial.

Ark. Game & Fish Comm’n v. Edgmon, 218 Ark. 207 (1951) (funds from amendment 35 and statutory controls on Commission funds)
Wrape Stave Co. v. Arkansas State Game & Fish Comm’n, 215 Ark. 229 (1949) (funds from the Commission are to be used for the purposes of amendment 35)
Chaffin v. Ark. Game & Fish Comm’n, 296 Ark. 431 (1988) (amendment 35 powers of the Commission)
Hambay v. Williams, 373 Ark. 532 (2008) (exclusive original jurisdiction over County matters; taxation)
McGhee v. Ark. State Bd. of Collection Agencies, 360 Ark. 363 (2005) (public-funds illegal-exaction claim standards; standing)
Rabalaias v. Barnett, 284 Ark. 527 (1985) (pleading standards; fact-based pleading required)