Legal Opinion · Concurrence

Arkansas State Police Commission v. Davidson

Supreme Court of Arkansas

Decided March 20, 1972No. 5-5847Published

1ConcurrenceJohn A. Fogleman, Justice

I concur in the result reached by the majority and the reasoning of the majority opinion. I also feel that appellee had an adequate remedy at law and this opinion is directed to that point.

I agree that appellee’s remedy is by mandamus and that all his pleadings ask that a governmental agency or tribunal be required to hold a public hearing. His allegations are based upon the premise that the State Police Commission had no discretion in the matter. The only excuse really given for the application to the chancery court was appellee’s inability to have a hearing on a petition for mandamus in…

2Cases cited3 opinions

  1. Nationwide Corp. v. Northwestern National Life InsuranceSupreme Court of Minnesota · 1958
  2. Dobbins Brothers v. Anderson, County JudgeSupreme Court of Arkansas · 1940
  3. Arkansas Public Service Commission v. Arkansas-Missouri Power Co.Supreme Court of Arkansas · 1952

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