ARKANSAS STATE HWY. COMM'N v. CORDES MOTORS, INC.

No. 93-559.

867 S.W.2d 178 (1993)

315 Ark. 285

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. CORDES MOTORS, INC., Ralph Crumpacker, Mortgagee and Mozelle Crumpacker, Mortgagee, Barnhill of Springdale, Inc., and First State Bank, Mortgagee, Elby Short and Hazel Short, His Wife, Appellees.

Supreme Court of Arkansas.

December 13, 1993.


Attorney(s) appearing for the Case

Robert L. Wilson, Maria L. Schenetzke, Treeca L. Dyer, Little Rock, for appellant.

Joe B. Reed, Springdale, for appellees.


DUDLEY, Justice.

On December 12, 1988, the Arkansas State Highway Commission filed three separate complaints and declarations of taking in order to widen Highway 68 in Springdale from four to five lanes. The State sought to take the fee title to the land necessary for the enlargement from appellees, Cordes Motors, Inc and its mortgagee; Barnhill of Springdale, Inc. and its mortgagee; and Elby and Hazel Short. The State pleaded that it already had a right of way that...

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