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PHILLIPS v. TOWN OF OAK GROVE

No. 97-898.

968 S.W.2d 600 (1998)

333 Ark. 183

Linda PHILLIPS and Marvin Phillips, Appellants, v. TOWN OF OAK GROVE, Arkansas and Jean Morgan, Mayor, Sam Jones, Alderman, Gary High, Alderman, Pat Davis, Alderwoman, Vicki Allen, Alderwoman, and Willard Standlee, Alderman, in Their Official Capacities as The Mayor and Town Council of The Town of Oak Grove, Arkansas, Appellees.

Supreme Court of Arkansas.

May 7, 1998.

Attorney(s) appearing for the Case

Stephen Lisle, Springdale, for Appellant.

Lewis E. Epley, Jr., Tim S. Parker, Eureka Springs, for Appellee.

THORNTON, Justice.

In 1987, the town of Oak Grove adopted Ordinance 20, which prohibits the keeping of swine or fowl for commercial purposes within the town limits. Appellants Marvin and Linda Phillips breed emus for sale on their property in Oak Grove. The appellees are the town of Oak Grove, the mayor, and members of the town council. When the Town charged them with violating the Ordinance, the Phillipses responded with a motion for summary judgment challenging...

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