Legal Opinion
Bryant v. Ark. State Highway Comm.
Supreme Court of Arkansas
Decided January 30, 1961No. 5-2169PublishedCited by 18 opinions
1Opinion of the CourtGeorge Bose Smith, J.
This appeal presents a question of first impression in Arkansas: Can the State Highway Commission be compelled to file a condemnation action in order to afford aggrieved landowners an opportunity to assert a claim for damage to their lands'? The chancellor, answering this question in the negative, sustained a demurrer to the appellants’ complaint and dismissed their suit.
The complaint alleges that the plaintiffs, doing business as the Troutt Motel, own a tract of land lying on the north side of a thoroughfare designated as U. S. Highways 67 and 70. The plaintiffs’ property is separated from…
2Cases cited4 opinions
- Arkansas State Highway Commission v. Nelson Bros.Supreme Court of Arkansas · 1935
- Arkansas State Highway Commission v. PartainSupreme Court of Arkansas · 1936
- Federal Land Bank of St. Louis v. Arkansas State Highway CommissionSupreme Court of Arkansas · 1937
- Arkansas State Highway Commission v. BushSupreme Court of Arkansas · 1938
3Cited by18 opinions
- Christopher H. Harris v. Asa Hutchinson, Individually and in His Official Capacity as Governor of the State of Arkansas; And Patrick Fisk, Individually and in His Official CapacitySupreme Court of Arkansas · 2020
- Roesler v. DentonSupreme Court of Arkansas · 1965
- Arkansas State Highway Commission v. FlakeSupreme Court of Arkansas · 1973
- Milligan v. SingerSupreme Court of Arkansas · 2019
- Tri-B Advertising, Inc. v. Arkansas State Highway CommissionSupreme Court of Arkansas · 1976
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