HomeMy WebLinkAboutHDC1998-030 Chancery Court Of pulaski Couty Summons 05-01-1997i._ IN THE CHANCERY COURT OF PULASKI COUNTY, ARKANSAS
4TH - ROBIN L. MAYS CASE NO.EOT 97 002910
SUMMONS
PLAINTIFF: MARSHA TAUL
VS
DEFENDANT: MACARTHUR PARK HISTORIC DISTRICT
PLAINTIFF'S ATTORNEY: OSWALD CLAUDE SPARKS
P.O. Box 22607
Little Rock, AR 72221
THE STATE OF ARKANSAS TO DEFENDANT: MACARTHUR PARK HISTORIC DISTRICT
% CITY OF LITTLE ROCK
DEPT.HOUSING & NEIGHBOR.
614 WEST MARKHAM SUITE106
LITTLE ROCK, AR 72201
NOTICE
1. You are hereby notified that a lawsuit has been filed against you; the
relief asked is stated in the attached complaint.
2. The attached complaint will be considered admitted by you and a judgment
by default may be entered against you for the relief asked in the complaint
unless you file a pleading and thereafter appear and present your defense.
Your pleading or answer must meet the following requirements:
A. It must be in writing, and otherwise comply with the Arkansas
Rule of Civil Procedure.
B. It must be filed in the Chancery Clerk's Office within twenty
(20) days from the day you were served with this summons.
C. A copy of your response must be delivered or mailed with
sufficient postage to the plaintiff's attorney or to the plaintiff.
3: If you desire to be represented by an attorney you should immediately
contact your attorney so that an answer can be filed for you with the time
allowed.
4. Additional notices:
WITNESS my hand and seal of the court on this April 30, 1997.
Office of Chancery Clerk
401 West Markham, Room 120
Little Rock, AR 72201
STATE OF ARKANSAS COUNTY OF PULASKI
S"hen ip, thaonery Clerk
by: D.C.
On this day of , 19 at o'clock m., I have duly served
the summons by delivering a copy thereof (or stating the substance therof),
together with a copy of the complaint, to
such person being:
CHECK APPLICABLE SQUARE:
[ ] the person named therein as defendant
[ ] some person residing at defendant's dwelling house or usual place of
abode who is at least fourteen (14) years of age, namely:
[ ] the duly authorized agent for service of process for the defendant,
namely:
OTHER:
,SHERIFF
Or Authorized Agent for Service of Process
FILED
97ANP310 P=3 3:21
IN THE CHANCERY COURT OF PULASKI COUNTY, ARKANSAS
PULAS.tI COJJ; TY. A SAS
MARSHA TAUL
1503 SOUTH SCOTT, APT. 2
LITTLE ROCK, AR 72202
VS.
4th DIVISION DIVISION
„a0T97-2910
MacARTHUR PARK HISTORIC DISTRICT
c/o CITY OF LITTLE ROCK
DEPARTMENT OF HOUSING AND NEIGHBORHOOD PROGRAMS
614 WEST MARKHAM AVENUE, SUITE 106
LITTLE ROCK, AR 72201
600LOWF AND
NaTICE OF API!EA
APPELLANT
APPELLEE
On this day comes Appellant, Marsha Taul, appearing in person and by her solicitor, O. C
"Rusty" Sparks, pursuant to her rights under ACA§14-172-12 for her appeal from the
determination of the MacArthur Park Historic District on April 3, 1997, denying her a certificate
of appropriateness and challenges such action as arbitrary, unreasonable and capricious.
Appellant believes that compliance with the District's determination would cause
unnecessary, unreasonable and irreparable permanent damage to the exterior of the structure and
thereby be inconsistent with the stated objectives of the District to preserve the historic
architectural integrity of buildings such as hers.
Appellant believes that compliance with the District's determination would involve a
substantial hardship, financial and otherwise, to Appellant and that a certificate of
appropriateness can be issued without substantial detriment to the public welfare and without
substantial derogation from the intent and purpose for which the District was formed.
Appellant believes that the action of the District has the effect of denying her equal
protection of the law, in that, this action is tantamount to selective enforcement and has treated
Appellant in a discriminatory manner without a rational basis.
WHEREFORE, Appellant prays that this Honorable Court vacate the determination of the
District and order said District to issue a certificate of appropriateness, and for any other
equitable relief to which she may be entitled.
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Respectfully submitted,
L r I!/ I rt
�Y.--C. "Rusty" Sparks (� ' V
Solicitor for Appellant
Arkansas Bar # 83168
P. O. Box 2033
Little Rock, Arkansas 72203-2033
(501) 371-4127
r..
CERTIFICATE OF SERVICE
I, O. C. "Rusty" Sparks, do hereby certify that I have this 30th day of April, 1997, mailed
a copy of the foregoing Notice of Appeal to MacArthur Park Historic District c/o City of Little
Rock, Department of Housing and Neighborhood Programs, 614 West Markham Avenue, Suite
106, Little Rock, Arkansas 72201 by placing the same in the United States Mail with sufficient
postage to ensure delivery.
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