Sembler v. Water & Light Improvement District
Supreme Court of Arkansas
Appeal from Cross Chancery Court; Charles D. Frierson, Chancellor; 1. There is in our State no statutory authority for the organization of a water and light 'improvement district for the reconstruction,' repair and improvement of an old plant. Section 5664, of Kirby’s Digest, relied on by appellees, authorizes the construction of an improvement, but does not authorize the reconstruction or repair of an old improvement.
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Appeal from Cross Chancery Court; Charles D. Frierson, Chancellor; 1. There is in our State no statutory authority for the organization of a water and light 'improvement district for the reconstruction,' repair and improvement of an old plant. Section 5664, of Kirby’s Digest, relied on by appellees, authorizes the construction of an improvement, but does not authorize the reconstruction or repair of an old improvement. Water and Light Improvement District No. 2, is, therefore, invalid, and, as it includes the old district, the assessments are void because they exceed 20 per c.entum.of the…
1Opinion of the Court
McCulloch:, C. J.
This litigation draws in question the validity of two local improvement districts in the city of Wynne, Cross County, Arkansas.
One of them is a district formed for the purpose of reconstructing and extending the system of waterworks and electric lights previously constructed and maintained by another improvement district in the same city; and the other is a district formed for the purpose of constructing a sewer system in the specified territory.
Three suits were instituted, and afterwards consolidated and tried together.
During the year 1899, an improvement district,…
2Cases cited3 opinions
- Lee Wilson & Co. v. William R. Compton Bond & Mortgage Co.Supreme Court of Arkansas · 1912
- Morrilton Waterworks Improvement District v. EarlSupreme Court of Arkansas · 1903
- Boles v. KelleySupreme Court of Arkansas · 1909
3Cited by11 opinions
- Moore v. North College Avenue Improvement District No. 1Supreme Court of Arkansas · 1923
- House v. Road Improvement District No. 4Supreme Court of Arkansas · 1922
- Keystone Drainage District v. Drainage District No. 16Supreme Court of Arkansas · 1915
- Mullins v. Commissioners of Bridge Improvement District No. 2Supreme Court of Arkansas · 1914
- Brown v. Waterworks Improvement District No. 1Supreme Court of Arkansas · 1921
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