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PH, LLC v. CITY OF CONWAY

No. 08-1383.

344 S.W.3d 660 (2009)

2009 Ark. 504

PH, LLC, Appellant, v. CITY OF CONWAY, Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied December 3, 2009.

Attorney(s) appearing for the Case

Quattlebaum, Grooms, Tull & Burrow, PLLC, by: Michael N. Shannon and Joseph R. Falasco, Little Rock, for appellant.

Michael L. Murphy, Conway City Attorney, for appellee.

Mark R. Hayes, General Counsel, Arkansas Municipal League, for amicus curiae.

Cullen & Co., PLLC, by: Tim Cullen and Tasha Taylor; and National Ass'n of Home Builders, by: Mary Lynn Huett and Christopher M. Whitcomb, of counsel, Little Rock, for amicus curiae National Ass'n of Home Builders.

ROBERT L. BROWN, Justice.

PH, LLC (PH), a land developer, appeals a decision by the circuit judge finding that the Conway City Council's denial of PH's petition to rezone its land was legislative and not arbitrary, capricious, or unreasonable. We affirm that decision.

PH owns a narrow, rectangularly shaped piece of real property in Conway. The land is presently zoned as A-1 (Agricultural). On August 29, 2007, PH applied to the Conway City Council to rezone...

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