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ARKANSAS STATE HIGHWAY COMMISSION v. TRANSPORT REALTY, INC.; RUSSELL HILL, IN HIS OFFICIAL CAPACITY AS WASHINGTON COUNTY TAX ASSESSOR; ANGELA WOOD, IN HER OFFICIAL CAPACITY AS WASHINGTON COUNTY COLLECTOR; CERTAIN LANDS .37 ACRES, MORE OR LESS, IN WASHINGTON COUNTY, AND ANY PERSONS OR Entities Claiming Any Interest Therein

Cite as 2026 Ark. 99

SUPREME COURT OF ARKANSAS

No. CV-26-206

ARKANSAS STATE HIGHWAY

COMMISSION

PETITIONER

V.

TRANSPORT REALTY, INC.;

RUSSELL HILL, IN HIS OFFICIAL

CAPACITY AS WASHINGTON

COUNTY TAX ASSESSOR; ANGELA

WOOD, IN HER OFFICIAL

CAPACITY AS WASHINGTON

COUNTY COLLECTOR; CERTAIN

LANDS .37 ACRES, MORE OR LESS,

IN WASHINGTON COUNTY, AND

ANY PERSONS OR ENTITIES

CLAIMING ANY INTEREST

THEREIN

RESPONDENTS

Opinion Delivered: May 7, 2026

DISSENTING OPINION FROM THE

DENIAL OF PETITION FOR WRIT

OF PROHIBITION AND WRIT OF

CERTIORARI.

NICHOLAS J. BRONNI, Associate Justice

Respondent Transport Realty's section 1983 counterclaim is frivolous—and everyone knows it. We should grant the petition, say so, and move on.

"[N]either a State nor its officials acting in their official capacities are 'persons' under § 1983," and as such, a 1983 claim—like Respondent's counterclaim—against a state agency plainly fails. Will v. Michigan Dep't of State Police, 491 U.S. 58, 71 (1989); see Ark. Hwy. Police v. Mays, 2026 Ark. 57, at 5, ___ S.W.3d ___, ___. Yet the circuit court entered a massive $5 million default judgment on Respondent's 1983 claim against a state agency.

1

2

That's not a reasonable misinterpretation of section 1983—it's a "plain, manifest, clear, and gross abuse of discretion." Spencer v. State, 2025 Ark. 91, at 6, 712 S.W.3d 296, 302 (standard for granting certiorari). And requiring the State to continue litigating a patently bad-faith claim serves no purpose beyond needlessly wasting resources and inviting others to try and hoodwink the taxpayers.

I respectfully dissent.

WOMACK, J., joins.

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ARKANSAS STATE HIGHWAY COMMISSION v. TRANSPORT REALTY, INC.; RUSSELL HILL, IN HIS OFFICIAL CAPACITY AS WASHINGTON COUNTY TAX ASSESSOR; ANGELA WOOD, IN HER OFFICIAL CAPACITY AS WASHINGTON COUNTY COLLECTOR; CERTAIN LANDS .37 ACRES, MORE OR LESS, IN WASHINGTON COUNTY, AND ANY PERSONS OR Entities Claiming Any Interest Therein
(May 7, 2026)