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W. J. (JACK) JONES INS. TR. v. FORT SMITH, ARK.

Civ. No. 89-2085.

716 F.Supp. 11 (1989)

WILLIAM J. (JACK) JONES, INSURANCE TRUST, William J. (Jack) Jones & Helen G. Jones, Trustees, Plaintiffs, v. The CITY OF FORT SMITH, ARKANSAS, A Municipal Corporation; Bill Harding, Individually and in his Capacity as the Planning-Director for the City of Fort Smith; and Stribling Boynton, Individually and in his Capacity as City Administrator for the City of Fort Smith, Defendants.

United States District Court, W.D. Arkansas, Fort Smith Division.

June 22, 1989.

Attorney(s) appearing for the Case

S. Walton Maurras, Harper, Young, Smith & Maurras, Fort Smith, Ark., for plaintiffs.

Jerry Lee Canfield and Wyman R. Wade, Jr., Daily, West, Core, Coffman & Canfield, Fort Smith, Ark., for defendants.

MEMORANDUM OPINION

MORRIS SHEPPARD ARNOLD, District Judge.

The plaintiffs own land on Phoenix Avenue in Fort Smith. Sometime in 1988, they applied for a building permit for a convenience store at that location. In September, 1988, the city told the plaintiffs that before a building permit would be issued, they would have to grant to the city an easement for a right-of-way along the front of the property.

The plaintiffs appealed to the city planning...

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