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CITY OF DOVER v. CITY OF RUSSELLVILLE

No. 04-1112.

215 S.W.3d 623 (2005)

CITY OF DOVER and Johnny Waldo, Mayor, Appellants, v. CITY OF RUSSELLVILLE, Appellee.

Supreme Court of Arkansas.

October 13, 2005.

Attorney(s) appearing for the Case

Michael S. Robbins, P.A., by: Michael S. Robbins, Russellville, for appellant.

Dunham & Faught, P.A., by: James Dunham, Russellville, for appellee.

JIM HANNAH, Chief Justice.

The City of Dover appeals a judgment of the Pope County Circuit Court entering an injunction prohibiting construction of a sewage treatment plant and operation of that plant upon completion. We affirm, holding that Dover's construction of a sewage treatment at the proposed site (the Dover Tract) constitutes a public nuisance as a matter of law as defined in Ark.Code Ann. § 14-268-105 (Repl.1998). Dover argues that its power of eminent...

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