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MARONEY v. CITY OF MALVERN

No. 93-1106.

876 S.W.2d 585 (1994)

317 Ark. 177

Thomas E. MARONEY and Larry E. Parker, Appellants, v. The CITY OF MALVERN and AS & GC, Inc., Appellees.

Supreme Court of Arkansas.

May 31, 1994.

Attorney(s) appearing for the Case

Ray Baxter, Karen Virginia Wallace, Benton, for appellants.

Louis L. Loyd, David M. Glover, Mark Roberts, Malvern, for appellees.

HOLT, Chief Justice.

Appellants Thomas E. Maroney and Larry E. Parker appeal the Hot Spring County Chancery Court's findings which: (1) enjoined them from crossing a reserve strip of land to obtain access to the public road known as Southgate Drive, which would provide an access to their property; and (2) dismissed their complaint for injunctive relief and to open a public roadway for appellants' use inasmuch as their lawsuit should have been brought in county rather...

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