Potocki v. City of Fort Smith

Richard B. Adkisson, Chief Justice, dissenting. The majority suggests that the Board of Directors of Fort Smith violated a state statute by allowing appellee Edwards to rezone certain property. This is simply not the case. Instead, the Board merely made an exception to its own rules of procedure.

There is no reason why the Board cannot make such an exception when there is no violation of any person’s constitutional rights and no violation of any state statute.

I would affirm the chancellor.