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CITY OF NEWPORT v. EMERY

No. 77-115.

559 S.W.2d 707 (1977)

CITY OF NEWPORT, Appellant, v. Marvin EMERY, Floyd Robinson and Gary Finley, Appellees, James Douthit, Troy Harmon, Pank Smith, Eugene Turner, Amos Mayhue and Laura Folk, Intervenors.

Supreme Court of Arkansas, Division 1.

December 19, 1977.

Attorney(s) appearing for the Case

Bowie, Carlyle & Erwin by Harold S. Erwin, Newport, for appellant.

Pollard & Cavaneau, Searcy, for appellees.

HOWARD, Justice.

This appeal involves the question of whether the lower court correctly found by a preponderance of the evidence and upon competent evidence that the construction of a sanitary landfill by the City of Newport constitutes a nuisance, in fact, of a private nature.

THE FACTS

This action was instituted by Marvin Emery, Floyd Robinson and Gary Finley against the City of Newport to enjoin the continued construction of a sanitary landfill...

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