Legal Opinion · Concurrence

Ark. State Highway Comm. v. Dean

Supreme Court of Arkansas

Decided April 22, 1963No. 5-2963Published

1ConcurrenceEd. F. MoFaddin, Associate Justice

I concur in the affirmance of this decree. It is my understanding of the evidence in this case that there was a preexisting highway in front of the Denniston property before the 1927 County Court order; and the said 1927 Court order was to widen the already existing right-of-way by taking an additional strip from the landowners. I do not find any definite evidence to show that there was ever any entry by the Highway authorities on the additional strip so taken. In this situation I think the case at bar is ruled by such cases as State Highway Comm. v. Holden, 217 Ark. 466, 231 S. W. 2d 113;…

2Cases cited2 opinions

  1. State Highway Commission v. HoldenSupreme Court of Arkansas · 1950
  2. Ark. State Highway Comm. v. CookSupreme Court of Arkansas · 1963

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