Voltage Vehicles v. Arkansas Motor Vehicle Commission

424 S.W.3d 281 (Ark. 2012) · Supreme Court of Arkansas · October 11, 2012

Summary

The Arkansas Supreme Court reviewed an Arkansas Motor Vehicle Commission order requiring Voltage Vehicles to repurchase six 2008 electric vehicles from a dealer after termination of a licensing agreement. The court held that the Commission failed to make sufficient factual findings regarding the effective termination date and the applicable current model year under the Arkansas Motor Vehicle Commission Act. The court reversed and remanded for further proceedings.

Holdings

  1. The Commission failed to make sufficient findings of fact regarding the correct effective termination date and the current model year tied to that date; therefore, the court could not determine whether the Commission resolved the statutory repurchase issue in conformity with the law.
  2. The matter must be reversed and remanded to the circuit court with directions to remand it to the Commission for findings based on the correct termination date.

Questions Presented

  1. Whether the Commission's findings were sufficient to permit judicial review of its determination that Voltage was required under Arkansas Code section 23-112-403(a)(2)(K)(i) to repurchase Rainbow's six 2008 vehicles.
  2. Whether the Commission properly determined which model year constituted the current model year and one year prior model year under the statute.

Disposition

reversed_and_remanded

Cases Cited (7)

  • Ford Motor Co. v. Ark. Motor Vehicle Comm'n, 357 Ark. 125, 161 S.W.3d 788 (2004)(followed)
  • Ark. Dep't of Human Servs. v. A.B., 374 Ark. 193, 286 S.W.3d 712 (2008)(followed)
  • Holloway v. Ark. State Bd. of Architects, 352 Ark. 427, 101 S.W.3d 805 (2003)(followed)
  • Nesterenko v. Ark. Bd. of Chiropractic Exam'rs, 76 Ark. App. 561, 69 S.W.3d 459 (2002)(followed)
  • Twin Rivers Health & Rehab, LLC v. Ark. Health Servs. Permit Comm'n, 2012 Ark. 15(followed)
  • Cave City Nursing Home, Inc. v. Ark. Dep't of Human Servs., 351 Ark. 13, 89 S.W.3d 884 (2002)(followed)
  • Weeks Tractor & Supply Co. v. Arctic Cat Inc., 784 F. Supp. 2d 642 (W.D. La. 2011)(considered)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…