Ark. State Hwy. Comm. v. Sub-Dist. No. 3

Ed. F. McFaddin, Associate Justice (dissenting).

The appellant, Arkansas State Highway Commission (an agency of the State), will sometimes be referred to as “Highway Commission”; and appellee, Sub-District No. 3 of Grassy Lake and Tyronza Drainage District (duly created pursuant to law) will sometimes be referred to as “District.” The brief of the appellant oegins with the following clear statement:

“This case involves the determination .of an important question of law, which has never before reached this Court. The outcome will directly affect the acquisition of a majority of the right of way…