Meehan v. Maxwell
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court; Edward D. Robertson, Chancellor, STATEMENT BY THE COURT. Appellants brought this action to enjoin the collection of the assessments against their property, challenging the validity of the district because the ordinance establishing it did not conform to the petition praying for its establishment, and because the commissioners had arbitrarily and substantially changed the boundaries of the district as fixed by the ordinance.
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Appeal from Woodruff Chancery Court; Edward D. Robertson, Chancellor, STATEMENT BY THE COURT. Appellants brought this action to enjoin the collection of the assessments against their property, challenging the validity of the district because the ordinance establishing it did not conform to the petition praying for its establishment, and because the commissioners had arbitrarily and substantially changed the boundaries of the district as fixed by the ordinance. On May 7, 1913, more than ten property owners of the town of Cotton Plant petitioned the council to organize the entire town of Cotton…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The petition asking for the • formation of the improvement district designated it “for the purpose of building and laying concrete sidewalks on all public streets of the entire town of Cotton Plant.” The ordinance established the district prayed for as Improvement District No. 1, of the town of Cotton Plant, “for the purpose of building and laying concrete sidewalks on either or both sides of all public streets within said corporate limits.” The petition of the majority in value of property owners designated the said improvement as, “Said improvement to be…
2Cases cited4 opinions
- Boles v. KelleySupreme Court of Arkansas · 1909
- Smith v. Improvement District No. 14Supreme Court of Arkansas · 1913
- Harnwell v. WhiteSupreme Court of Arkansas · 1914
- Board of Improvement of Paving District No. 7 v. BrunSupreme Court of Arkansas · 1912
3Cited by2 opinions
- Less v. Improvement District No. 1 of HoxieSupreme Court of Arkansas · 1917
- Stock v. Hazen Street & Sidewalk Improvement DistrictSupreme Court of Arkansas · 1919