Pemberton v. Arkansas State Highway Commission

George Howard, Jr. Judge.

This is an appeal from a decree finding the Arkansas Highway Department owner of 3,942 yards of crushed rock stockpiled on property owned by appellants. The Department has cross-appealed from that part of the decree awarding appellants $750.00 for future damages to and the unlawful use of appellants’ property.

On March 3, 1975, Freshour Construction Company entered into a written lease with appellants which authorized Freshour to “quarry, crush, remove, ship and sell” stone from an eighty (80) acre tract of land owned by appellants. Freshour agreed to pay 10$ per cubic…