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BRIXEY v. CITY OF BOONEVILLE

No. 84-305.

687 S.W.2d 126 (1985)

285 Ark. 350

F.M. & Lyda M. BRIXEY, Husband & Wife & Frank N. & Martha Marie Brixey, Husband & Wife, Appellants, v. CITY OF BOONEVILLE, Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied May 13, 1985.

Attorney(s) appearing for the Case

Charles Karr, Fort Smith, for appellants.

Paul X. Williams, Jr., Paul Danielson, Booneville, for appellee.

HOLT, Chief Justice.

This case raises questions about the right of a city to condemn land. We find that the appellants are precluded from raising these issues. Jurisdiction is pursuant to Sup.Ct.R. 29(1)(n) because the case involves oil and gas rights.

On June 4, 1975, the city of Booneville filed suit in Sebastian County Circuit Court to condemn flowage easements over lands owned by the appellants. The purpose of the taking was to provide for impounding water...

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