Arkansas State Game and Fish Commission v. Eubank

Frank Holt, Justice.

Appellees are resident landowners on Lake Calion. They secured an injunction preventing a proposed partial fish kill by appellant on 100 acres of the 600 acre lake which is owned by the appellant and open to public fishing. Appellees alleged that the procedure constituted a health hazard and subjected them and the public to irreparable damages. Appellant contends that the proposed fish kill is within its powers and the injunction against the appellant, a state agency, is a suit against the state prohibited by the Ark. Const. Art. 5, § 20 (1874).

Ark. Const. Amend. 35 § 8…