Magruder v. Arkansas Game & Fish Commission

This court’s opinion upon rehearing in Shellnut v. Arkansas State Game & Fish Commission, 222 Ark. 25, 258 S.W.2d 570 (1953) would seem to give support to the majority decision. In Shellnut, Justice George Rose Smith noted that Amendment 35 made no attempt to define the word zone, but said:

To say the least, a zone must be of sufficient size to bear a reasonable relationship to the purpose for which the zone is declared to exist. If, for example, the zoning regulation is intended to further the propagation of deer, the constitution clearly means that the restricted area must be large enough…