Masterson v. State Ex Rel. Bryant

I dissent for the reason that the chancery court lacked jurisdiction to enjoin Appellants’ operation of two bingo halls as public nuisances. At first glance, the majority opinion appears to rely upon this court’s decision in State ex rel. Att’y Gen. v. Karston, 208 Ark. 703, 187 S.W.2d 327 (1945), quoting parts of that decision that are favorable to the majority’s conclusion. Upon closer examination, however, it becomes clear that the majority completely ignores the ultimate holding of that decision:

[T]he state may properly seek to protect the community by asking the aid of a court of equity…