PARTLOW v. KEASLER

No. 5-5524.

464 S.W.2d 589 (1971)

Charles R. PARTLOW et al., Appellants, v. Louis KEASLER et al., Appellees.

Supreme Court of Arkansas.

March 22, 1971.


Attorney(s) appearing for the Case

Penix & Penix, Jonesboro, and Hartman Hotz, Fayetteville, for appellants.

Kirsch, Cathey, Brown & Goodwin, Paragould, for appellees.


GEORGE ROSE SMITH, Justice.

This suit for a declaratory judgment is essentially a test case to determine whether a majority of the owners of what is actually a private water main can sell it to the city of Center Hill, over the protest of a substantial minority of the owners. This appeal is from a declaratory judgment denying the majority's asserted power to sell the water main. We have no hesitancy in sustaining the circuit court's judgment.

In 1958 the owners...

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