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MITCHELL v. BEARDEN

No. 73-177.

503 S.W.2d 904 (1974)

Richard MITCHELL, d/b/a Mitchell Funeral Home, Appellant, v. George BEARDEN, Shirley Bearden, et al., Appellees.

Supreme Court of Arkansas.

January 21, 1974.

Attorney(s) appearing for the Case

L. V. Rhine, Paragould, Douglas Bradley and Jon R. Coleman, Jonesboro, for appellant.

C. Joseph Calvin, Rector, for appellees.

FOGLEMAN, Justice.

Appellant asserts that the chancery court erred in enjoining him from constructing a funeral home in Rector on a lot acquired by him for that purpose. The error, according to appellant, is in the court's finding that the vicinity in which the funeral home was to be located was an expanding exclusive residential area which was not in transition to business uses, so that the funeral home would constitute a nuisance. We affirm because we cannot say...

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