# Potocki v. City of Fort Smith

> Supreme Court of Arkansas · March 28, 1983 · 279 Ark. 19

URL: https://www.frixlaw.com/law-library/cases/7822328

## Case

- **Full name:** David Richard POTOCKI and Vicki Karen POTOCKI, Husband and Wife, and Eugene SICKLES and Kay SICKLES v. The CITY OF FORT SMITH, Arkansas, and Joe EDWARDS
- **Court:** Supreme Court of Arkansas
- **Decided:** March 28, 1983
- **Citations:** 279 Ark. 19; 648 S.W.2d 462; 1983 Ark. LEXIS 1338
- **Precedential status:** Published
- **Opinion:** Dissent by Adkisson
- **Judges:** Adkisson, Purtle
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7822328

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7822328. Public record. Not legal advice.