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BRYANT v. ARKANSAS STATE HIGHWAY COMMISSION

No. 5-2169.

342 S.W.2d 415 (1961)

A. M. BRYANT et al., Appellants, v. ARKANSAS STATE HIGHWAY COMMISSION et al., Appellees.

Supreme Court of Arkansas.

January 30, 1961.

Attorney(s) appearing for the Case

Maner & Stanley, J. C. Cole, Malvern, for appellants.

Dowell Anders and H. Clay Robinson, Little Rock, for appellees.

GEORGE ROSE SMITH, Justice.

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...

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