WEAVER LIVING TRUST v. CITY OF EUREKA SPRINGS

No. CA 97-246.

969 S.W.2d 681 (1998)

62 Ark.App. 15

VERA LEE WEAVER LIVING TRUST, Jerold Lee Weaver, Trustee, Appellant, v. CITY OF EUREKA SPRINGS, Appellee.

Court of Appeals of Arkansas, Division IV.

June 3, 1998.


Attorney(s) appearing for the Case

Glenn E. Kelley, Rogers, for Appellant.

Jay C. Miner, Rogers, for Appellee.


ROGERS, Judge.

This is an appeal from an order denying appellant's motion for attorney's fees and costs that was made when appellee abandoned condemnation proceedings against appellant's property. Because we agree that the evidence demonstrates a lack of good faith on the part of the condemning authority, we reverse and remand.

On December 2, 1992, appellee, the City of Eureka Springs, filed a complaint, pursuant to Ark.Code Ann. § 18-15-201 (1987), to...

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