Helena v. Wooten
Supreme Court of Arkansas
Appeal from. Phillips Circuit Court; Hance N. Hutton, Judge; The ordinance is a valid exercise of the powers granted by statute to the city council. Kirby’s Dig. § 5648. It is not unreasonable. 88 Ark. 263; 52 Ark. 301; 64 Ark. 152; 146 N. C. 527; 60 S. E. 4131 20 L. R. A. (N. S.) 145; 26 L. R. A. 340, 343; 53 Atl. 202; 55 Atl. 1132; 57 Atl. 267; 50 N. E. 256; 14 N. E. 451. It is clearly a police regulation and within the powers vested by law in the municipality.
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Appeal from. Phillips Circuit Court; Hance N. Hutton, Judge; The ordinance is a valid exercise of the powers granted by statute to the city council. Kirby’s Dig. § 5648. It is not unreasonable. 88 Ark. 263; 52 Ark. 301; 64 Ark. 152; 146 N. C. 527; 60 S. E. 4131 20 L. R. A. (N. S.) 145; 26 L. R. A. 340, 343; 53 Atl. 202; 55 Atl. 1132; 57 Atl. 267; 50 N. E. 256; 14 N. E. 451. It is clearly a police regulation and within the powers vested by law in the municipality. The fact that the awning was erected in accordance with the provisions of a former ordinance does not take away from the city the…
1Opinion of the CourtHart, J.
G. A. Wooten was convicted in the police court of the city of Helena for “failure to remove awning as provided by ordinance No. 1426” of said city. He appealed to "the circuit court, and on a trial de novo was acquitted. The city prosecutes this appeal to reverse the judgment rendered. The facts are agreed upon, and are substantially as follows: Wooten owns a brick building in that part of the city of Helena wherein it is made unlawful by the ordinance under which this prosecution was commenced to maintain or continue to use other than folding and adjustable awnings made of cloth or like…
2Cases cited3 opinions
- Hibbard, Spencer, Bartlett & Co. v. City of ChicagoIllinois Supreme Court · 1898
- Small v. Councilman of EdentonSupreme Court of North Carolina · 1908
- Fox v. City of WinonaSupreme Court of Minnesota · 1876
3Cited by5 opinions
- Sander v. BlythevilleSupreme Court of Arkansas · 1924
- State Ex Rel. Latta v. MariannaSupreme Court of Arkansas · 1931
- Cernauskas v. FletcherSupreme Court of Arkansas · 1947
- Arkansas Oklahoma Gas Corp. v. City of Van BurenCourt of Appeals of Arkansas · 2004
- Opinion No., Arkansas Attorney General Reports1993