Sallee v. Dalton
Supreme Court of Arkansas
‘Appeal from Randolph Chancery Court; Lyman F. Reeder, Chancellor;, 1. The act is unconstitutional and void. From its language it cannot be determined with any degree of certainty the territory comprised in the district or meant.
Read the full summary
‘Appeal from Randolph Chancery Court; Lyman F. Reeder, Chancellor;, 1. The act is unconstitutional and void. From its language it cannot be determined with any degree of certainty the territory comprised in the district or meant. The language is uncertain, indefinite and ambiguous. 86 Ark. 172; 110 S. W. 801; 60 Id. 27; 68 Axk. 462; 34 Id. 224. The territory should be clearly defined and bounded. 28 Cyc! 128-131,180. 2. A glance at the profile, which is an exhibit, shows that the territory included comprises from four-fifths to five-sixths of the entire area of Randolph County, or 633 square…
1Opinion of the CourtMcCULLOCH, C. J.
The General Assembly of 1919 enacted a special statute (Act No. 135) creating a road improvement district in Randolph County designated as Western Randolph County Road Improvement District covering territory described as “all of Randolph County west of the Current and Black rivers.” The statute authorizes the improvement of eleven connecting highways, four of which radiate from Pocahontas, the county site, and the others connect with those roads.
The validity of the statute is challenged by appellant, an owner of real property within the district, who instituted this action in the chancery…
2Cases cited7 opinions
- Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1909
- Bennett v. JohnsonSupreme Court of Arkansas · 1917
- Snetzer v. GreggSupreme Court of Arkansas · 1917
- Conway v. Miller County Highway & Bridge DistrictSupreme Court of Arkansas · 1916
- Swepston v. AverySupreme Court of Arkansas · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Bush v. MartineauSupreme Court of Arkansas · 1927
- Hogue v. the Housing Auth. of North Little RockSupreme Court of Arkansas · 1940
- Gipson v. IngramSupreme Court of Arkansas · 1949
- Nixon v. AllenSupreme Court of Arkansas · 1921
- Baratti v. Koser Gin CompanySupreme Court of Arkansas · 1944
29 more not listed; retrieve them via the Exa API.