Stock v. Hazen Street & Sidewalk Improvement District
Supreme Court of Arkansas
Appeal from Prairie Chancery Court, Southern District ; John M. Elliott, Chancellor; STATEMENT. OP PACTS. Clea Stock brought this suit in equity against the commissioners of Hazen Street and Sidewalk Improvement District to enjoin them from proceeding further in making the improvement on the ground that the district was not organized in the manner provided by statute and on that account is invalid.
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Appeal from Prairie Chancery Court, Southern District ; John M. Elliott, Chancellor; STATEMENT. OP PACTS. Clea Stock brought this suit in equity against the commissioners of Hazen Street and Sidewalk Improvement District to enjoin them from proceeding further in making the improvement on the ground that the district was not organized in the manner provided by statute and on that account is invalid. The plaintiff alleges that he is a citizen and resident property owner of the town of Hazen. The complaint further alleges that the first petition of ten property owners prays that the whole of the…
1Opinion of the Court
Hart, J.,
(after stating the facts). The first petition, the foundation for the organization of the improvement district designated it “for the purpose of improving and constructing sidewalks and improving the streets in the town of Hazen, Arkansas.”
The second petition which was signed hy the majority in value of the property owners of the proposed district described the improvements by naming the streets and sidewalks specifically and a less number than those in the whole of the city was described. Indeed there was a substantial variance between the improvement as described in the two…
2Cases cited2 opinions
- Less v. Improvement District No. 1 of HoxieSupreme Court of Arkansas · 1917
- Meehan v. MaxwellSupreme Court of Arkansas · 1914