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LANGE v. CITY OF BATESVILLE

No. 2007-CA-00533-COA.

972 So.2d 11 (2008)

Julia W. LANGE, David L. Lange, James S. Whitaker, Jr. and James S. Whitaker, Sr., by and through the Executrix of the Estate, Joyce Whitaker, Appellants v. CITY OF BATESVILLE, Appellee.

Court of Appeals of Mississippi.

January 8, 2008.

Attorney(s) appearing for the Case

Edward P. Connell, Charles M. Merkel, Clarksdale, attorneys for appellants.

Benjamin E. Griffith, Cleveland, Michael Stephen Carr, Brookhaven, attorneys for appellee.

Before LEE, P.J., IRVING and ROBERTS, JJ.

ROBERTS, J., for the Court.

SUMMARY OF THE CASE

¶ 1. The appellants (the Whitakers) and Panola County entered into an agreement under which the appellants agreed to give the county 70,000 cubic yards of dirt to be used for future construction in exchange for a "public road" the county would build on the appellants' land. After the county realized it was financially unable to complete the project, the City of Batesville

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