HomeMy WebLinkAboutHDC1994-007 Court Of Pulaski County First Amended Complaint 03/16/1995IN THE CHANCERY COURT OF PULASKI COUNTY, ARKANSAS
SIXTH DIVISION.,t,-
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PAT C . HOY , II and
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ANN HOY, His Wife 5 PLAINTIFFS
V. CASE NO. 95-0840
LITTLE ROCK HISTORIC DISTRICT
COMMISSION and CITY OF LITTLE
ROCK DEFENDANTS
FIRST AMENDED COMPLAINT
Comes the Plaintiffs, Pat C. Hoy, II and Ann Hoy, et ux, by
and through their counsel, the Henry Law Firm, P.A., by David P.
Henry, and for their First Amended Complaint, states:
1. That Plaintiffs adopt and affirm each and every allega-
tion set forth in their original Complaint filed herein March 6,
1995, and incorporate same herein by reference.
2. The Defendant, City of Little Rock, is a proper party
pursuant to its organization under the laws of the State of
Arkansas and is liable for any actions taken by its Department of
Neighborhoods and Planning and Charles Nickerson as Little Rock
City Manager is the proper agent of service.
3. The Defendant, Little Rock Historic District, is a com-
mission of the City of Little Rock, and a separate entity created
by the Arkansas General Assembly pursuant to Ark. Code Ann. sec-
tion 14-172-201, et. seq. and Charles Nickerson as Little Rock
City Manager is the proper agent of service.
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hoy2.com
WHEREFORE, Plaintiffs pray that Defendants be required to
abate the nuisance represented by the improvements located at
1006 S. Rock Street in the City of Little Rock, Arkansas, requir-
ing Defendant Commission to issue the necessary certificate of
appropriateness or, in the alternative, reverse their decision
not to issue the certificate of appropriateness, and cause said
certificate to be issued, affirmatively enjoining Defendant Com-
mission from interfering with the City of Little Rock from abat-
ing the nuisance located at 1006 S. Rock Street and entering its
order requiring Defendant to proceed with demolition of the sub-
ject property as authorized by law; for their costs herein ex-
pended and all other proper and equitable relief.
Respectfully submitted,
HENRY LAW FIRM, P.A.
2725 Cantrell Rd., Suite 104
P.O. Box 7346
Little Rock, AR 7221
(501)666-9393
By:
David P. Henry, 71041
CERTIFICATE OF SERVICE
I, David P. Henry, do hereby certify that a true and correct
copy of the foregoing was sent by U.S. First Class Mail with suf-
ficient postage to Mr. Thomas M. Carpenter,, City Attorney, and
Ms. Beth A. Blevins, Assistant City Attorney, City Hall, Room
310, 500 West Markham, Little Rock, AR 72201, this 4A day of
March, 1995.
1
David P. Henry
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hoy2.com