Arkansas Game & Fish Commission v. Heslep (Majority, with Dissenting)Annotate this Case
The Supreme Court affirmed the judgment of the circuit court denying Appellants' motion to dismiss Appellees' complaint on sovereign immunity grounds but reversed the circuit court's grant of the temporary injunction, holding that the injunction failed to comply with Ark. R. Civ. P. 65.
Appellees, landowners whose only property was an unpaved road that crossed property owned by the Arkansas Game & Fish Commission (AGFC), brought this action alleging that AGFC had blocked their access to their property by installing a locked gate over the road. Appellees sought enforcement through injunctive relief. The circuit court denied AGFC's motion to dismiss, concluding that AGFC was not entitled to sovereign immunity, and ordered AGFC to immediately provide a key to the locked gate and allow Appellees vehicular access using the road. The Supreme Court held (1) because the complaint alleged that AGFC acted illegally or in an ultra vires manner the complaint was not subject to dismissal under the doctrine of sovereign immunity; and (2) the temporary injunction must be dissolved for failure to comply with Rule 65.