Supreme Court of Arkansas
K.c. Properties of N.w. Arkansas, Inc. and Buildings, Inc. v. Lowell Investment Partners, LLC Pinnacle Management…
March 13, 2008373 Ark. 14
Summary
The court reversed summary judgment in part because the statutory liability shield for limited-liability-company members applies to claims by third parties, not claims between members, and because Buildings presented viable fact issues concerning its contract claim, including waiver of mediation. The court affirmed summary judgment on the agency, interference, restitution, promissory-estoppel, and veil-piercing claims because the appellants failed to produce sufficient proof or establish the required legal elements. Chief Justice Hannah, concurring, agreed with the result but would require litigation of whether a valid contract obligated Ozark to acquire the specific property.