Smith v. Gray

Darrell Hickman, Justice.

The trial court granted the Arkansas Highway Commission summary judgment, finding that it was discretionary whether the highway department had to dispose of surplus property. In this case it would keep 5.5 acres it no longer needed in connection with the Henderson Ferry in Baxter County. The trial judge’s ruling overlooks several unresolved facts. The judgment is reversed and the matter remanded for further proceedings.

Emmett and Maggie Smith conveyed a 5.5 acre tract to the State Highway Commission under threat of condemnation in 1943 for $1,800. It was used in…