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BROOKSHER v. JONES

No. 5-3440.

386 S.W.2d 253 (1965)

Robert R. BROOKSHER et al., Appellants, v. Buck JONES et al., Appellees.

Supreme Court of Arkansas.

February 1, 1965.

Attorney(s) appearing for the Case

Harper, Harper, Young & Durden, Ft. Smith, for appellants.

Hardin, Barton, Hardin & Jesson, Ft. Smith, for appellee.

WARD, Justice.

This appeal deals with the power of a city to vacate or close a portion of a street under the facts here involved.

On March 15, 1963 the City Commissioners of Fort Smith (hereafter referred to as the Commission) passed Ordinance No. 2399, the principal effect of which would have been to vacate a portion of Birnie Avenue and grant Safeway Stores, Inc. the exclusive right to occupy the vacated portion.

A few days after passage of said...

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