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WHITE RIVER S. & G. REM. COM'N v. HAYES BROS., ETC.

No. 75-239.

532 S.W.2d 191 (1976)

WHITE RIVER SAND AND GRAVEL REMOVAL COMMISSION and Richard R. Heath, Director of Arkansas Dept. of Finance and Administration, Appellants, v. HAYES BROTHERS LAND AND TIMBER COMPANY, INC., Appellee.

Supreme Court of Arkansas.

February 9, 1976.

Attorney(s) appearing for the Case

Jim Guy Tucker, Atty. Gen., by Michael G. Epley, Asst. Atty. Gen., Little Rock, for appellants.

H. David Blair of Murphy & Blair, Batesville, for appellee.

HOLT, Justice.

Act 232 of 1971 (Ark.Stat.Ann. § 41-4422 [Supp.1975]) applies only to the removal of sand and gravel from a limited portion of the White River. Appellee, a riparian landowner, filed an application for a permit to remove sand and gravel from that part of the river. The commission, created by this act, denied the application. The trial court found on appeal that Act 232 is local legislation and, therefore, unconstitutional by virtue of Amendment...

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