Legal Opinion · Concurrence

Block v. Allen

Supreme Court of Arkansas

Decided February 6, 1967No. 5-4210Published

1ConcurrenceJohn A. Fogleman, Justice

I concur in the result reached in this case without any reservation, but I would also affirm the action of the trial court because appellant had no right to be protected or .interest sufficient to provide the justiciable controversy necessary for an action such as this, either individually or as a citizen, taxpayer and elector of one senatorial district.

A litigant can question a statute’s validity only when and insofar as it is being, or is about to be applied to his disadvantage and a demurrer properly raises this point. Dowell v. School Dist. No. 1, 220 Ark. 828, 250 S. W. 2d 127; Arkansas…

2Cases cited12 opinions

  1. Walls v. BrundidgeSupreme Court of Arkansas · 1913
  2. Gladish v. LovewellSupreme Court of Arkansas · 1910
  3. McCain, Comm. of Labor v. Crossett Lumber CompanySupreme Court of Arkansas · 1943
  4. Connor v. BlackwoodSupreme Court of Arkansas · 1928
  5. Davis v. WilsonSupreme Court of Arkansas · 1931

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