McKENZIE v. CITY OF WHITE HALL

No. 96-2886EA.

112 F.3d 313 (1997)

Charles McKENZIE; Ronald McKenzie; Mark McKenzie, doing business as McKenzie Development Company, Appellants, v. CITY OF WHITE HALL; White Hall Planning Commission, Phillip Williams, Individually and in his official capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 23, 1997.


Attorney(s) appearing for the Case

Michael Bingham, Little Rock, AR, argued for appellants (Frank J. Wills, on the brief).

Don A. Eilbott, Pine Bluff, AR, argued for appellee.

Before FAGG and HEANEY, Circuit Judges, and NANGLE, District


FAGG, Circuit Judge.

After several years of zoning struggles, Charles, Ronald, and Mark McKenzie, owners and developers of a residential subdivision in the City of White Hall, Arkansas, brought this 42 U.S.C. § 1983 action against the City, its Planning Commission, and the Planning Commissioner (collectively the City), alleging the City violated the McKenzies' Fifth and Fourteenth Amendment rights. The City moved to dismiss for lack of jurisdiction and failure...

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