Legal Opinion · Dissent

Arkansas State Highway Comm'n v. Highfill

Supreme Court of Arkansas

Decided April 20, 1970No. 5-5207Published

1DissentJohn A. Fogleman, Justice

I would affirm this judgment. I do not think there was any error in the matters treated in the majority opinion. If there was, it was not prejudicial.

The testimony of appellant was not that his damage included loss of his business or the profits therefrom. He was saying, as clearly as a non-expert landowner could say, that the property was no longer available for its highest and best use — a dairy farm. In assessing his damages, he considered his inability to utilize his property for that use for which he thought it most valuable, rather than the loss of his business, his cows or his…

2Cases cited9 opinions

  1. Arkansas State Highway Commission v. DuffSupreme Court of Arkansas · 1969
  2. Ark. State Highway Comm. v. FowlerSupreme Court of Arkansas · 1966
  3. City of El Dorado v. ScruggsSupreme Court of Arkansas · 1914
  4. Arkansas State Highway Commission v. MausSupreme Court of Arkansas · 1968
  5. Arkansas State Highway Commission v. OrmondSupreme Court of Arkansas · 1969

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