SMEDLEY v. CITY OF WALDRON

No. 83-2222.

739 F.2d 399 (1984)

Harry H. SMEDLEY, Appellant, v. CITY OF WALDRON, Thomas Sawyer, Mayor, Waldron, Arkansas, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 27, 1984.

Rehearing Denied August 21, 1984.


Attorney(s) appearing for the Case

John R. Beasley, Bethell, Callaway, Robertson & Beasley, Fort Smith, Ark., for appellant.

David L. Rush, Walters & Rush, P.A., Greenwood, Ark., for appellee.

Before HEANEY, BRIGHT and JOHN R. GIBSON, Circuit Judges.


PER CURIAM.

In 1940, the City of Waldron, lacking funds to acquire a reservoir site, asked Hannah Smedley to donate land for that purpose. The governing agreement provided in part that:

5. The City of Waldron shall never sell, transfer, convey, lease, rent or otherwise dispose of the lands herein above described to other persons, firms, groups and/or corporations, except successors and/or assigns of itself, and if it attempts to do so, the lands immediately...

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