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THOMAS v. CITY OF LITTLE ROCK

No. CA 94-1049.

914 S.W.2d 328 (1996)

52 Ark.App. 24

Lindsay M. THOMAS, et ux, Appellants, v. The CITY OF LITTLE ROCK, et al., Appellees.

Court of Appeals of Arkansas, Division II.

February 7, 1996.

Attorney(s) appearing for the Case

Victor A. Fleming, Little Rock, for appellants.

Thomas M. Carpenter, City Atty., Stephen R. Giles, Deputy City Atty., Little Rock, for appellees.

JENNINGS, Chief Judge.

Lindsay and Mary Thomas appeal from an order granting summary judgment in favor of the City of Little Rock and Leon and Amy Pugh. At issue was the Pugh's use of thirty feet of a 150-foot platted alleyway running east and west in block one of Little Rock's Country Club Heights subdivision.

The subdivision was platted in 1912, and the bill of assurances granted to the public "an easement over and upon" the alleys. In 1980 the Thomases...

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