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BISHOP v. CITY OF FAYETTEVILLE

No. CA 02-399.

97 S.W.3d 913 (2003)

Bill BISHOP and Shelli Bishop v. CITY OF FAYETTEVILLE, et al.

Court of Appeals of Arkansas, Division III.

February 12, 2003.

Attorney(s) appearing for the Case

Kinkaid, Horne & Daniels, by: David B. Horne, Fayetteville, for appellants.

Kit Williams, Fayetteville City Att'y, for appellee City of Fayetteville, Arkansas.

Friday, Eldredge & Clark, LLP, by: Clifford W. Plunkett, Fayetteville, for appellee Alltel Mobile Communications of Arkansas, Inc.

Bassett Law Firm, by: Tod C. Bassett, Fayetteville, for appellee Southwest PCS, LP.

JOHN MAUZY PITTMAN, Judge.

This appeal involves the construction of an easement deed. Appellants' predecessors in title granted an easement to the city. The easement was specifically designated as being for two purposes: laying utilities on the easement and providing access to adjoining land that the city owned. Subsequently, the city allowed the construction of wireless communication equipment on the part of the city's land that was accessed by the easement. The...

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