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ARKANSAS STATE HIGHWAY COMMISSION v. WOOD

No. 78-113.

572 S.W.2d 583 (1978)

ARKANSAS STATE HIGHWAY COMMISSION, Petitioner v. WOOD, Judge of the Circuit Court of Pulaski County, and Donrey Communications Company, Inc., Respondents.

Supreme Court of Arkansas, Division 2.

Rehearing Denied November 27, 1978.

Attorney(s) appearing for the Case

Thomas B. Keys and Ted Goodlofi, Little Rock, for petitioner.

Rose, Nash, Williamson, Carroll, Clay & Giroir, Little Rock, for respondents.

BYRD, Justice.

The pivotal issue in this petition for writ of prohibition is whether the State Highway Commission is subject to the adjudicatory provisions of the Administrative Procedure Act, Ark.Stat.Ann. § 5-701, et seq. (Repl.1976). The facts giving rise to the litigation in the trial court shows that Donrey Communications Company, Inc. had some billboard signs in existence when the Highway Beautification Act, Ark.Stat.Ann. § 76-2501, et seq. (Repl.1957...

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