Sadler v. McMurtrey
Supreme Court of Arkansas
Appeal from Cleveland Chancery Court; John M. Elliott, Chancellor; The statute is arbitrary and discriminatory on its face, and therefore unconstitutional and void. 130 Ark. 70; 139 Ark. 574; 142 Ark. 73; 145 Ark. 49. The boundaries of special improvement districts are determined by the Legislature, and this court is concluded 'by that determination except as to obvious and demonstrable mistakes. 104 Ark. 430; 102 Ark. 553; 141 Ark. 301. There is nothing to show there was a…
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Appeal from Cleveland Chancery Court; John M. Elliott, Chancellor; The statute is arbitrary and discriminatory on its face, and therefore unconstitutional and void. 130 Ark. 70; 139 Ark. 574; 142 Ark. 73; 145 Ark. 49. The boundaries of special improvement districts are determined by the Legislature, and this court is concluded 'by that determination except as to obvious and demonstrable mistakes. 104 Ark. 430; 102 Ark. 553; 141 Ark. 301. There is nothing to show there was a mistake in fixing the boundaries, and the court was right in upholding the act. 139 Ark. 322. A collateral attack cannot…
1Opinion of the CourtHumphreys, J.
This is an attack by appellant, a property owner within Road Improvement District No. 3 of Cleveland County, upon the validity of the district created by special act No. 645 of the Legislature of Arkansas in 1919. The district was created for the purpose of constructing a road from Rison in a southeasterly direction toward Monticello. Lands embraced within the district were designated by government calls, laid on each side of the road to be constructed, were contiguous to each other, separated in no way, as shown by the plat, from other lands in the district except by Big Creek, Saline River,…
2Cases cited3 opinions
- Heinemann v. SweattSupreme Court of Arkansas · 1917
- Johns v. Road Improvement DistrictsSupreme Court of Arkansas · 1920
- Milwee v. TribbleSupreme Court of Arkansas · 1919
3Cited by2 opinions
- Neterer v. DickinsonSupreme Court of Arkansas · 1922
- Sale v. Road District No. 16Supreme Court of Arkansas · 1923