Legal Opinion · Dissent

Arkansas State Highway Commission v. Lemley

Supreme Court of Arkansas

Decided June 25, 1973No. 73-1Published

1DissentJohn A. Fogleman, Justice

I find it necessary to dissent, for a second time, from a reversal of this case and from its fourth remand for a fifth trial to determine just compensation for a taking on September 29, 1966. The four verdicts by different juries have fixed the landowner’s recovery at $13,000, $12,000, $14,500 and $15,000. See 247 Ark. 201, 444 S.W. 2d 692; 250 Ark. 186, 464 S.W. 2d 605; 252 Ark. 549, 479 S.W. 2d 855. We held on the first appeal that the testimony then before the court was insufficient to show a unity of use for farming purposes between the 120 acres in Section 33 and the 40 acres of…

2Cases cited10 opinions

  1. Arkansas State Highway Commission v. OrmondSupreme Court of Arkansas · 1969
  2. Arkansas State Highway Commission v. StallingsSupreme Court of Arkansas · 1970
  3. Ford Motor Co. v. FishSupreme Court of Arkansas · 1961
  4. Arkansas State Highway Commission v. SteenSupreme Court of Arkansas · 1973
  5. Arkansas State Highway Comm'n v. LemleySupreme Court of Arkansas · 1971

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