ARKANSAS STATE HWY. COM'N v. TOWNSEND

No. 92-1456.

858 S.W.2d 66 (1993)

313 Ark. 702

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Ray TOWNSEND and Ray Townsend Farms, Inc., Appellees.

Supreme Court of Arkansas.

July 5, 1993.


Attorney(s) appearing for the Case

Robert L. Wilson, Chief Counsel, Philip N. Gowen, Charles Johnson, Little Rock, for appellant.

Carl Madsen, Stuttgart, for appellees.


BROWN, Justice.

The appellant, Arkansas State Highway Commission, appeals from a chancery court decision enjoining it from removing certain structures from a highway right-of-way. The Commission bases its appeal on several grounds, including a state statute which prohibits physical encroachments on rights-of-way. We agree with the Commission that the statute decides the matter in its favor, and we reverse the chancery court's decision and dismiss.

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