Nunes v. Coyle
Supreme Court of Arkansas
Appeal from Polk Chancery Court; James D. Shaver, Chancellor; 1. The commissioners of district organized under act 338, Acts 1915, had no authority to change the location of the public road. The change can only he made by the county court.
Read the full summary
Appeal from Polk Chancery Court; James D. Shaver, Chancellor; 1. The commissioners of district organized under act 338, Acts 1915, had no authority to change the location of the public road. The change can only he made by the county court. Art. 28, § 7, Constitution 1874; act No. 338, Acts 1915; 138 Ark. 549; 139 Id. 277; 89 Id. 513; 118 Id. 294; 92 Id. 93; 91 Id. 274. 2. The proposed change in the route of the road is the adoption of a new route, and only the county road can do this. 133 Ark. 491; 135 Id. 102. The route of the road is not changed at all. It was impracticable to stay with the…
1Opinion of the CourtSmith, J.
Appellant, wbo was tbe plaintiff below, is a landowner in Road Improvement District No. 1 of Polk County. This district was organized on tbe petition of tbe landowners under act 338 of tbe Acts of 1915, page 1400. Tbis suit was brought to enjoin tbe commissioners and tbe contractor from proceeding with tbe construction of tbe road along tbe route selected by them. Upon final bearing a temporary restraining order wbieb bad been issued was dissolved and tbe suit dismissed for want of equity; and tbis appeal is from tbat decree.
Tbe proposed improvement extends north and south almost entirely…
2Cases cited6 opinions
- Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1909
- Sallee v. DaltonSupreme Court of Arkansas · 1919
- Rayder v. WarrickSupreme Court of Arkansas · 1918
- Parkview Land Co. v. Road Improvement District No. 1Supreme Court of Arkansas · 1909
- Pritchett v. Road Improvement District No. 3Supreme Court of Arkansas · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Meyer v. Board of Improvement of Paving District No. 3Supreme Court of Arkansas · 1921
- Cazort v. Road Improvement District No. 3.Supreme Court of Arkansas · 1927
- Crawford v. Pulaski Road Improvement District No. 10Supreme Court of Arkansas · 1922
- Mashburn v. North Arkansas Highway Improvement District No. 3Supreme Court of Arkansas · 1924
- Mashburn v. North Arkansas Highway Improvement District No. 3Supreme Court of Arkansas · 1924
1 more not listed; retrieve them via the Exa API.