ARKANSAS STATE HIGHWAY COMMISSION v. CHOATE

No. 73-186.

505 S.W.2d 731 (1974)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Robert CHOATE et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied March 25, 1974.


Attorney(s) appearing for the Case

Thomas B. Keys and James N. Dowell, Little Rock, for appellant.

Troy Wiley, Searcy, Joe T. Gunter, Cabot, for appellees.


BYRD, Justice.

The sole issue here is whether appellant Arkansas State Highway Commission can offset the benefits accruing to a piece of property in a second condemnation action against the damages accrued in a prior taking.

The record shows that appellee Robert Choate, Jr., owned a 3.10 acre tract subject to a mortgage in favor of his parents appellees Mr. and Mrs. Robert Choate, Sr. On July 25, 1968, appellant...

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