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CITY OF FORT SMITH v. FINDLAY

No. CA 93-1391.

893 S.W.2d 358 (1995)

48 Ark.App. 197

CITY OF FORT SMITH, Appellant, v. Maril L. FINDLAY, Debbie L. Findlay, and Simmons First Mortgage Corporation, Appellees.

Court of Appeals of Arkansas, Division I.

March 1, 1995.

Attorney(s) appearing for the Case

Robert W. Bishop, Fort Smith for appellant.

Sam Sexton, Jr., Fort Smith, for appellee.

ROBBINS, Judge.

This appeal involves an eminent domain action in which the jury awarded Maril and Debbie Findlay, appellees, $14,000.00 for the partial taking of their residential property in Fort Smith, Arkansas. Appellant raises seven points on appeal, three of which concern structural damage to appellees' house that appellees contend was caused by appellant's excavation. Because we agree with appellant that the jury was improperly allowed to consider the structural...

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