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CITY OF JACKSON v. McALLISTER

No. 55690.

475 So.2d 432 (1985)

CITY OF JACKSON, Mississippi v. R. Conner McALLISTER, et al.

Supreme Court of Mississippi.

Rehearing Denied September 18, 1985.

Attorney(s) appearing for the Case

John Hedglin, Jackson, for appellant.

T. Frank Collins, R. Conner McAllister, Jackson, for appellee.

Before PATTERSON, C.J., and DAN M. LEE and ROBERTSON, JJ.

DAN M. LEE, Justice, for the court:

This case comes to us on appeal from the Special Court of Eminent Domain, Hinds County, wherein the trial judge sustained the appellee's motion to dismiss. Following the trial court's ruling the City of Jackson was prevented from taking the subject property and hence brings this appeal and assigns as error the following:

1. The Court erred in ruling that anything more than a showing of present public convenience and necessity...

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