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CITY OF FT. SMITH v. McCUTCHEN

No. 07-864.

279 S.W.3d 78 (2008)

CITY OF FORT SMITH, Arkansas, Appellant, v. Dan McCUTCHEN, Appellee.

Supreme Court of Arkansas.

March 6, 2008.

Attorney(s) appearing for the Case

Daily & Woods, P.L.L.C., by: Wyman R. Wade, Jr. and C. Michael Daily, Fort Smith, AR, for appellant.

McCutchen Sexton Strunks, by: Sam Sexton, III, Little Rock, AR, for appellee.

DONALD L. CORBIN, Justice.

Appellant City of Fort Smith, Arkansas, appeals the Sebastian County Circuit Court's order granting Appellee Dan McCutchen a variance from a setback requirement contained in the Fort Smith City Ordinances. On appeal, Fort Smith argues that Ark.Code Ann. § 14-56-425 (Repl.1998) is unconstitutional because it permits a de novo trial on appeal of a legislative determination made by a city Board of Zoning Adjustment (BZA). Accordingly,...

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