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CITY OF FT. SMITH v. HOUSING AUTH. OF CITY OF FT. SMITH

No. 73-222.

506 S.W.2d 534 (1974)

CITY OF FORT SMITH, Arkansas, Appellant, v. HOUSING AUTHORITY OF the CITY OF FORT SMITH, Arkansas, Appellee.

Supreme Court of Arkansas.

March 18, 1974.

Attorney(s) appearing for the Case

Daily, West, Core & Coffman, Fort Smith, for City of Fort Smith.

Hardin, Jesson & Dawson, Fort Smith, for the Housing Authority of the City of Fort Smith.

Glenn G. Zimmerman and William G. Fleming, North Little Rock, for Arkansas Municipal League.

Laser, Sharp, Haley, Young & Boswell, P.A., by David B. Bogard, Little Rock, for Arkansas Chapter, National Association of Housing and Redevelopment Officials, for appellee.

HOLT, Justice.

By a declaratory judgment action, the appellant city sought to establish that it was empowered by Ark.Stat.Ann. § 19-1042 et seq. (Supp.1973), Act 266 of 1971, to adopt an ordinance to amend the procedure, Ark.Stat.Ann. § 19-3006 (Repl. 1968), Act 77 of 1943, for the filling of vacancies on the local Housing Authority Board of Commissioners as well as the right to increase the size of the Board. Further, appellant averred that the action of...

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