Arkansas State Highway Commission v. Townsend

Robert L. Brown, Justice.

The appellant, Arkansas State Highway Commission, appeals from a chancery court decision enjoining it from removing certain structures from a highway right-of-way. The Commission bases its appeal on several grounds, including a state statute which prohibits physical encroachments on rights-of-way. We agree with the Commission that the statute decides the matter in its favor, and we reverse the chancery court’s decision and dismiss.

On November 3,1930, the Monroe County Judge issued an order granting the Commission’s petition to enlarge the right-of-way to 250 feet on…