PHILLIPS v. ADAMS

No. 5-1433.

309 S.W.2d 205 (1958)

Joe A. PHILLIPS, Appellant, v. David E. ADAMS et al., Appellees.

Supreme Court of Arkansas.

January 27, 1958.


Attorney(s) appearing for the Case

Barrett, Wheatley, Smith & Deacon, Jonesboro, for appellant.

H. L. Methvin, Trumann, Edward S. Maddox, Harrisburg, for appellees.


ROBINSON, Justice.

This action was filed by appellees seeking to restrain appellant from building a filling station on a town lot in Harrisburg, Arkansas, the contention being that the station would constitute a nuisance. The chancellor granted the petition, and Phillips, who wants to build the station, has appealed.

The Phillips property is Lot 5, Block 3, Vandiver Addition. The lot is in an area consisting of four square blocks which is all residential;...

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