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McGHEE v. WITCHER

No. CA 02-546.

101 S.W.3d 262 (2003)

Mark McGHEE, et ux. v. Jim WITCHER, et ux.

Court of Appeals of Arkansas, Division III.

March 19, 2003.

Attorney(s) appearing for the Case

Mark Alan Jesse, Little Rock, for appellants.

Walker & Hickey, by Paul Hickey and Steven R. Davis, Little Rock, for appellees.

JOHN MAUZY PITTMAN, Judge.

The appellees are residents of the Pleasant Valley Subdivision in Little Rock. When the subdivision was platted, a bill of assurance prohibiting any commercial or business use of property in the subdivision was filed and recorded. Commercial use of that location was also prohibited by municipal zoning ordinances. Nevertheless, appellees operated a commercial day-care center out of their home,...

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