SMITH v. GRAY

No. 89-187.

779 S.W.2d 173 (1989)

300 Ark. 401

Danny SMITH et al., Appellants, v. Henry GRAY, Director Arkansas State Highway and Transportation Department, et al., Appellees.

Supreme Court of Arkansas.

November 13, 1989.


Attorney(s) appearing for the Case

John C. Everett, Prairie Grove, for appellants.

Robert L. Wilson, Ted Goodloe, Little Rock, for appellees.


HICKMAN, Justice.

The trial court granted the Arkansas Highway Commission summary judgment, finding that it was discretionary whether the highway department had to dispose of surplus property. In this case it would keep 5.5 acres it no longer needed in connection with the Henderson Ferry in Baxter County. The trial judge's ruling overlooks several unresolved facts. The judgment is reversed and the matter remanded for further proceedings.

Emmett and Maggie...

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