Ark. Dep't of Human Servs. v. Civitan Ctr., Inc.Annotate this Case
Civitan Center, Inc. brought a declaratory judgment action against the Division of Developmental Disabilities Services of the Arkansas Department of Human Services (DDS). Civitan, a corporation licensed by DDS to operate an adult developmental center, requested a declaratory judgment stating that DDS could not lawfully license a new provider in the county Civitan was servicing pursuant to a proposed policy authorizing DDS to initiate the expansion of the number of service providers in a specific county until the policy was properly promulgated. The circuit court entered an order granting summary judgment in favor of Civitan, ruling that DDS failed to comply with its own procedures and state law, that DDS denied Civitan due process, and that Civitan was denied a hearing in violation of the Administrative Procedure Act. The Supreme Court reversed, holding (1) because Civitan failed to present a justiciable controversy, declaratory judgment in Civitan's favor was not proper, and (2) therefore, the circuit court erred in granting Civitan's motion for summary judgment.