Legal Opinion

Arkansas Department of Human Services v. Ross-Lawhon

Supreme Court of Arkansas

Decided December 22, 1986No. 86-113PublishedCited by 16 opinions

1Opinion of the Court

John I. Purtle, Justice.

This is an appeal from a declaratory judgment rendered by the Pulaski County Circuit Court. The judgment declared Ark. Stat. Ann. § 45-440 (Repl. 1977) to be unconstitutional and void as violative of Article 7, Sections 1, 11 and 28 of the Constitution of the State of Arkansas. This statute, as amended in 1977, makes the decisions of the juvenile referee binding upon the county judge. We agree with the appellant that the Pulaski County Circuit Court did not have jurisdiction to declare the statute unconstitutional.

We have held that there are four requisite conditions…

2Cases cited3 opinions

  1. Andres v. First Ark. Development Finance Corp.Supreme Court of Arkansas · 1959
  2. Dyer v. Ross-LawhonSupreme Court of Arkansas · 1986
  3. Sebastian County Ass'n for Retarded Citizens & Independent Living, Inc. v. Board of Zoning AdjustmentSupreme Court of Arkansas · 1979

3Cited by16 opinions

  1. McKinnon v. NorrisSupreme Court of Arkansas · 2006
  2. Pitts v. HobbsSupreme Court of Arkansas · 2013
  3. Carroll v. HobbsSupreme Court of Arkansas · 2014
  4. Waller v. KelleySupreme Court of Arkansas · 2016
  5. Mitchem v. HobbsSupreme Court of Arkansas · 2014

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API