CITY OF FORT SMITH v. BATES

No. 76-192.

544 S.W.2d 525 (1976)

CITY OF FORT SMITH, Arkansas, et al., Appellants, v. Doyle W. BATES and Bernice B. Bates, Appellees.

Supreme Court of Arkansas. In Banc.

Rehearing Denied January 17, 1977.


Attorney(s) appearing for the Case

Daily, West, Core & Coffman, Fort Smith, for appellants.

Hardin, Jesson & Dawson, Fort Smith, for appellees.


ROY, Justice.

In November, 1973, appellees Doyle and Bernice Bates purchased certain real property from Mrs. Jamie Williamson. The property was adjacent to Wheeler Avenue in Fort Smith, Arkansas, on which a widening project had commenced several years prior to the purchase. Before beginning this work the City of Fort Smith (hereafter City) secured permission, after lengthy negotiations, from Mrs. Williamson to utilize an eleven foot strip of land across the front...

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