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LOTT v. CIRCUIT COURT OF BENTON COUNTY

No. 97-16.

945 S.W.2d 922 (1997)

328 Ark. 596

Mikel D. LOTT and Luyen Lott v. THE CIRCUIT COURT OF BENTON COUNTY, et al.

Supreme Court of Arkansas.

May 27, 1997.

Attorney(s) appearing for the Case

Scott E. Smith, Fayetteville, for petitioners.

Howard L. Slinkard, Pat Moran, Rogers, for respondents Cooper Communities, Inc., and Jan L. Seth and Judith F. Seth, Co-Trustees of the Family Trust of Jan L. Seth and Judith F. Seth.

NEWBERN, Justice.

Cooper Communities, Inc., petitioned the Benton County Court for the establishment of a private road for purposes of gaining access from public roads to a tract of land it owned. The proposed road crosses properties owned by others, including that of the petitioners, Mikel D. and Luyen Lott. The County Court ordered the road established and ordered payment to the Lotts of damages of $798. The Lotts and other landowners whose property would be crossed...

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