Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided April 1, 1988Published

1Opinion of the Court

The Honorable John Bynum Prosecuting Attorney, 5th Judicial District 2312 West 2nd P. O. Box 1587 Russellville, AR 72801

RE: ZONING ORDINANCE TO EXCLUDE HOG FARM OPERATIONS

Dear Mr. Bynum:

This official opinion is in response to your request in which you posed the following two questions.

1. Whether a county has the legal authority to exclude hog farm operations in certain unincorporated areas; and

2. Whether a county has the authority to designate where hog farming operations can be located.

The answer to your first question is yes. Amendment 55, 1 of the Arkansas Constitution provides that a…

2Cases cited8 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. State v. WhitakerSupreme Court of Missouri · 1955
  3. Herring v. StannusSupreme Court of Arkansas · 1925
  4. City of Little Rock v. ParkerSupreme Court of Arkansas · 1966
  5. WC McMinn Co., Inc. v. City of Little RockSupreme Court of Arkansas · 1974

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