ARKANSAS STATE HWY. COM'N v. TURK'S AUTO CORP., INC.

No. 5-6193.

491 S.W.2d 387 (1973)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. TURK'S AUTO CORPORATION, INC., Appellee.

Supreme Court of Arkansas.

March 12, 1973.


Attorney(s) appearing for the Case

Thomas B. Keys and Billy Pease, Little Rock, for appellant.

Ralph C. Murray, West Helena, for appellee.


HOLT, Justice.

The appellant, by a petition for mandatory injunction, sought to require the appellee, at its own expense, to screen its junkyard or remove it 1000' from the adjacent highway right-of-way. The appellee responded by asserting Ark.Stat.Ann. § 76-2513 et seq. (1971 Supp.) (Act 640 of 1967), which gives the appellant the asserted authority, is illegal, unconstitutional and void in that it purports to authorize the appellant to take appellee's property...

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