United States Eighth Circuit

In an action seeking to quiet title and enjoin defendant from attempting to claim disputed waters for public use, district court judgment dismissing the suit is affirmed where: 1) the court erred in concluding the case is not ripe for adjudication as there is a live controversy; and 2) the court reached the proper result and the case must be dismissed as the suit against the Arkansas Attorney General in his official capacity is bared by the Eleventh Amendment and the Ex Parte Young exception does not apply.

Appellate Information

• Decided 07/07/2009
• Published 07/07/2009

Judges

• BYE, Circuit Judge., Before BYE, HANSEN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph A. Strode, argued, Tanya B. Spavins, on the brief, Pine Bluff, AR, for appellant.


• For Appellees:
  
• Ali Brady, AAG, argued, Carmine Joseph Cordi, Jr., on the brief, Little Rock, AR, for appellee.