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Powell v. Taylor

Arkansas Supreme Court

222 Ark. 896, 263 S.W.2d 906 (1954)

Facts

Six residents of the city of Gurdon (the residents) (plaintiffs) sought to prevent Taylor (defendant) from opening a funeral home in a building known as Taylor place. Taylor place was located in a residential district in Gurdon (the neighborhood). The neighborhood was exclusively residential in appearance and almost entirely residential in use, with only a small number of residents operating businesses from their homes. The residents argued that the neighborhood was exclusively residential and inappropriate for a funeral home. Inhabitants of the area threatened to move away and refuse to construct and buy homes in the neighborhood if the funeral home were to open. The residents attempted to dissuade Taylor from opening the funeral home by offering to reimburse Taylor for any preliminary expenses it already incurred. Taylor declined the offer, and the residents filed suit in district court. The chancellor denied relief to the residents on the ground that the neighborhood was not exclusively residential. The residents appealed.

Rule of Law

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Issue

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Holding and Reasoning (Smith, J.)

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Dissent (Millwee, J.)

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