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McCARTY v. ARKANSAS STATE PLANT BD.

No. CV-20-164.

622 S.W.3d 162 (2021)

2021 Ark. 105

Michael McCARTY, Perry Galloway, Matt Smith, Greg Hart, Ross Bell, and Becton Bell, Appellants, v. ARKANSAS STATE PLANT BOARD and Terry Walker, in His Official Capacity as Director of the Arkansas State Plant Board, Appellees.

Supreme Court of Arkansas.

Opinion Delivered: May 6, 2021.

Attorney(s) appearing for the Case

ARK AG LAW, PLLC, by: J. Grant Ballard , Little Rock; and Davidson Law Firm, Little Rock, by: David L. Gershner , for appellants.

Leslie Rutledge , Att'y Gen., by: Jennifer L. Merritt , Sr. Ass't Att'y Gen., for appellees.

The Pulaski County Circuit Court found Arkansas Code Annotated § 2-16-206(a) (Supp. 2019), which sets forth the appointment process for members of the Arkansas State Plant Board (ASPB), constitutional. McCarty appeals the constitutionality finding. We reverse and remand with instructions.

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