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ARKANSAS GAME AND FISH COM'N v. EDDINGS

No. 08-1220.

324 S.W.3d 328 (2009)

2009 Ark. 359

ARKANSAS GAME AND FISH COMMISSION, Appellant, v. Ben EDDINGS; Harold Smith, Newton County Judge, Appellees.

Supreme Court of Arkansas.

June 18, 2009.

Attorney(s) appearing for the Case

James F. Goodhart, and John P. Marks, Ark. Game & Fish Comm'n, Little Rock, for appellant.

Osmon & Ethredge, P.A., by: David L. Ethredge and Johnnie Abbott Copeland, Mountain Home, for appellee Ben Eddings.

ROBERT L. BROWN, Justice.

The Arkansas Game and Fish Commission ("AGFC") appeals from an order of the Newton County Circuit Court dismissing with prejudice its appeal from the County Court of Newton County based upon the AGFC's failure to timely perfect its appeal under Arkansas District Court Rule 9.

The relevant facts are that appellee Ben Eddings is the owner of a forty-acre tract of land located near the Buffalo River. Eddings lacks vehicular access to...

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