Arkansas State Game & Fish Commission v. Kizer

Ed. F. McFaddin, Justice.

This case involves the water level of Old Town Lake in Phillips County. Since the decree of the Chancery Court must be reversed on procedural points, we mention only the facts involving such points.

Appellees, Kizer, -et al., as affected land owners, brought suit in the Chancery Court against the Commissioners of the White River Drainage District of Phillips and Desha Counties, and alleged that the Drainage District, by means of a flood gate, had raised the water level in'Old Town Lake from the former level of 1591 feet to the present level of 1641 feet. The relief…