CITY OF RUSSELLVILLE v. BANNER REAL ESTATE

No. 96-142.

933 S.W.2d 803 (1996)

326 Ark. 673

CITY OF RUSSELLVILLE, Appellant, v. BANNER REAL ESTATE, Appellee.

Supreme Court of Arkansas.

November 25, 1996.


Attorney(s) appearing for the Case

James Dunham, Donald Bourne, Russellville, for appellant.

John Harris, Russellville, for appellee.


NEWBERN, Justice.

This is a zoning case. The issue is whether a city council may, upon oral motion, adopt a rezoning ordinance which differs from one proposed by the city's planning commission. We reverse the Chancellor's decision awarding a partial summary judgment, the effect of which was to preclude the city council from doing so.

The City of Russellville petitioned the Russellville Planning Commission to rezone certain property facing Twelfth Street in...

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