# Bachman v. State

> Supreme Court of Arkansas · September 10, 1962 · 235 Ark. 339

URL: https://www.frixlaw.com/law-library/cases/9772669

## Case

- **Full name:** Bachman v. State
- **Court:** Supreme Court of Arkansas
- **Decided:** September 10, 1962
- **Citations:** 235 Ark. 339; 359 S.W.2d 815; 1962 Ark. LEXIS 579
- **Precedential status:** Published
- **Opinion:** Concurrence by McFaddin
- **Judges:** Ward, McFaddin
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9772669

## Opinion text

Ed. F. McFaddin, Associate Justice (Concurring). I agree that the Act here under consideration is unconstitutional. See State v. Brown, 250 N. C. 54 , 108 S. E. 2d 74 .
The purpose of this concurrence is to indicate my view that the State can accomplish what it is seeking to do — i. e., police junk yards on or near highways — by declaring the operation of such yard to be a privilege, and by designating some agency or authority to grant permits, upon reasonable rules and regulations as to conditions, sanitation, maintenance, etc. For the benefit of those interested, I cite the following: State v. Kievman, 116 Conn. 458 , 165 A. 601 , 88 A.L.R. 962 ; and see also annotations entitled, “Regulation of Junk Dealers,” in 88 A.L.R. 970 , and 45 A.L.R. 2d 1391 ; and annotation entitled, “Automobile Wrecking Yard or Place of Business as Nuisance,” in 84 A.L.R. 2d 653 . See also generally Vt. Salvage Corp. v. Village of St. Johnsbury (Vt.)., 34 A. 2d 188 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9772669. Public record. Not legal advice.