Arkansas State Highway Commission v. Mcneill

381 S.W.2d 425 (1964)

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Nature of the Case

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Facts

McNeill (P) sought to enjoin D from building a cloverleaf interchange near P's home. P owns a residence in Crestview Estates, and the bill of assurances for that development provides that all the property will only be used for residential purposes. D is acquiring a tract of land from Crestview that is comprised of eleven lots within the addition that abuts the northern boundary of the development. When the interchange is completed P will have a busy highway instead of a quiet residential neighborhood behind his house. Experts claimed that this would diminish P's property value by $10,000. P claimed the highway pollution as part of the diminution in value along with the improper use of Estate land. The trial court rejected the first reason for damages but agreed with the improper use of Estate land.