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GOFORTH v. SMITH

No. 98-1499.

991 S.W.2d 579 (1999)

338 Ark. 65

Carol GOFORTH, Mary Felber, Carl Sandrock, Don Lowrimore, Nina Lowrimore, Doyle Wright, Janet Feichtel-Wright, Bill Zemp, and Lawayne Zemp, Appellants, v. Michael SMITH, Judith Carol Smith, and Southwestern Bell Mobile Systems, Inc., Appellees.

Supreme Court of Arkansas.

June 10, 1999.

Attorney(s) appearing for the Case

W. Marshall Prettyman, West Fork, for appellants.

Law Office of Curtis E. Hogue, by: Curtis E. Hogue, Fayetteville, for appellees Michael Smith and Judith Carol Smith.

Catlett, Yancey & Stodola, PLC, by: Mark Stodola and James D. Rankin III, Little Rock, for appellee Southwestern Bell Mobile Systems, Inc.

RAY THORNTON, Justice.

Appellees, Michael and Judith Smith, as well as all of the appellants, are property owners on West Mountain in Washington County. Appellee, Southwestern Bell Mobile Systems, Inc. (Bell), is a local cellular telecommunications service provider. Since 1965 the Smiths have leased their land for towers for communication services. The property is subject to a restrictive covenant for the benefit of some of the appellants. The covenant prohibits any...

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