SUPREME COURT OF ARKANSAS
JOHNNY KEY, ET AL. APPELLANTS
DIANNE CURRY, ET AL. APPELLEES
Opinion Delivered October 29, 2015
APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FIFTH DIVISION[NO. 60CV-15-654]
HONORABLE WENDELL GRIFFEN, JUDGE
REVERSED AND DISMISSED
ROBIN F. WYNNE, Associate Justice
“Appellees note in their complaint that school boards are statutory entities and that such entities may be dissolved by the general assembly. Robinson v. White, 26 Ark. 139 (1870). The fact that school boards of directors are mentioned in the state constitution is not sufficient to convert them to constitutional entities, in light of the fact that Amendment 33 to the Arkansas Constitution states that boards and commissions charged with the management or control of all charitable, penal, or correctional institutions or institutions of higher learning cannot be abolished unless the institution is abolished or consolidated with another institution. Ark. Const. amend. 33, section 2. School Boards of directors are not included in this group. Also, when we read article 14, section 3(c)(1) harmoniously with article 14, section in 4, we conclude that whatever individual or entity the legislature allows to be placed in the stead of a school board of directors can perform the tasks required under subsection 3(c)(1). Therefore, there is no showing from the facts pled in the complaint that section 6-15-430 is unconstitutional, to establish an exception to sovereign immunity.”
“This court held that the allegations did not establish a sovereign-immunity exception. Here, we likewise hold that appellees failed to establish in their complaint that the State Board acted arbitrarly, capriciously, in bad faith, or in a wantonly injurious manner in assuming control of the District.”
“Reversed and dismissed.
“HART, J., concurs
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