WENDEROTH v. CITY OF FORT SMITH

No. 5-5673.

472 S.W.2d 74 (1971)

Collier WENDEROTH and Nancy Wenderoth, Appellants, v. CITY OF FORT SMITH, Ark., and Grand Investments, Inc., Appellees. WESTARK RETIREMENT HOMES, INC., Appellant, v. CITY OF FORT SMITH, Ark., and Lawrence D. Farrar et al., Appellees.

Supreme Court of Arkansas.

November 1, 1971.


Attorney(s) appearing for the Case

Harper, Young & Smith, and Pearce, Robinson & McCord, Fort Smith, for appellants.

Daily, West, Core & Coffman, and Hardin, Jesson & Dawson, and Shaw & Ledbetter, Fort Smith, for appellees.


HOLT, Justice.

The appellants, in these consolidated cases, appealed to the circuit court from the enactment of rezoning ordinances by the appellee city's Board of Directors. These ordinances rezoned certain properties adjacent to appellants. Their objections are that the rezoning is contrary to the characteristics of the neighborhood and detrimental to them and to their properties. The rezoned properties are located within the city limits and are owned separately...

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