Bollinger v. Ark. State Highway Commission

Ed. F. McFaddin, Associate Justice.

The Arkansas State Highway Commission (hereinafter called “Commission”) filed this suit to have obstructions removed from the right-of-way of State Highway No. 22 in the City of Charleston. It was claimed that the appellant,1 Bollinger, had encroached on the right-of-way by placing his filling station, pumps, signs, etc. within the right-of-way fixed by the County Court order of 1927. Bollinger denied the validity and effect of the County Court order, denied the claimed width of the right-of-way, and denied any encroachment. The Chancery Court heard the…