WENDEROTH v. CITY OF FORT SMITH

No. 74-4.

510 S.W.2d 296 (1974)

Collier WENDEROTH, Jr., et al., Appellants, v. The CITY OF FORT SMITH, Arkansas, a municipal corporation, and the Midland Corporation, Appellees.

Supreme Court of Arkansas.

June 10, 1974.


Attorney(s) appearing for the Case

Harper, Young & Smith, Fort Smith, for appellants.

Warner & Smith, Fort Smith, for The Midland Corp.

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


HOLT, Justice.

Appellants sought to enjoin the appellees from constructing a paved street on a 25' strip of land abutting appellants' property which they owned in a platted area called Wenderoth Acres. The chancellor dismissed the complaint. For reversal of that decree appellants contend that the chancellor erred in finding that the strip was dedicated for street purposes to the appellee city; the city had never accepted...

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