Potocki v. City of Fort Smith

John I. Purtle, Justice.

The Board of Directors of the City of Fort Smith overruled its planning commission and enacted an ordinance rezoning certain property within the city. Appellants appealed to the Sebastian County Chancery Court which affirmed the action of the Fort Smith Board of Directors. The appellants argue that both the board and chancellor erred in not giving a proper interpretation to a previously adopted zoning ordinance. We agree with appellants and reverse and remand.

Prior to commencement of any activities involved in this proceeding the City of Fort Smith, Arkansas enacted…