STATE v. McILROY

No. 79-320.

595 S.W.2d 659 (1980)

STATE of Arkansas et al., Appellants, v. W. L. McILROY et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied April 21, 1980.


Attorney(s) appearing for the Case

Bay Fitzhugh, Augusta, Davis, Douglas & Penix, P. A., Springdale, Steve Clark, Atty. Gen., by Paul N. Means, Asst. Atty. Gen., Little Rock, for appellants.

Hardin, Jesson & Dawson, Fort Smith, for appellees.


HICKMAN, Justice.

W. L. Mcllroy and his late brother's estate, owners of 230 acres in Franklin County, sought a chancery court declaration that their rights as riparian landowners on the Mulberry River were, because the stream was not a navigable river, superior to the rights of the public.

Mcllroy joined as defendants the Ozark Society, a conservationist group, and two companies that rent canoes for use on the Mulberry and other Ozark Mountain streams. The...

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