Butler v. Board of Directors of Fourche Drainage District
Supreme Court of Arkansas
■ Appeal from Pulaski Chancery Court; John B. Martinean, Chancellor; 1. The same principle is involved 'in this case as in the case of Craig v. Russellville Waterworks Improvement District, 84 Ark. 390, and should control. I-t is too narrow a construction of sec. 27, art. 19, Const., in that case enforced, to say that it applies only to improvements made within the city or town.
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■ Appeal from Pulaski Chancery Court; John B. Martinean, Chancellor; 1. The same principle is involved 'in this case as in the case of Craig v. Russellville Waterworks Improvement District, 84 Ark. 390, and should control. I-t is too narrow a construction of sec. 27, art. 19, Const., in that case enforced, to say that it applies only to improvements made within the city or town. If the constitutional provision is to be ignored because there are lands outside the city included in the district, then by adding a merely nominal exterior territory, the provision can in practice be evaded in any…
1Opinion of the CourtMcCulloch, C. J.
Appellant owns real property in the city of Little Rock, and in an action instituted in the chancery court of Pulaski County he attacked the validity of an act of the General Assembly, creating and laying off an improvement district “for the drainage of certain portions of the Fourche bottoms and contiguous territory.” The boundaries of the district include the whole of the city of Little Rock and several adjoining townships outside of the city. Fourche Bayou, the stream to be drained, lies wholly without the city limits, but the bottom or flooded lowlands extend into the city limits. The…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PaulSupreme Court of Arkansas · 1897
- Alexander v. Board of DirectorsSupreme Court of Arkansas · 1911
- Craig v. Russellville Waterworks Improvement DistrictSupreme Court of Arkansas · 1907
- Memphis Land & Timber Co. v. St. Francis Levee DistrictSupreme Court of Arkansas · 1897
- Little Rock v. QuindleySupreme Court of Arkansas · 1896
3Cited by32 opinions
- Bush v. MartineauSupreme Court of Arkansas · 1927
- Pine v. CommonwealthCourt of Appeals of Virginia · 1917
- Los Angeles County Flood Control District v. HamiltonCalifornia Supreme Court · 1917
- Gipson v. IngramSupreme Court of Arkansas · 1949
- State v. Green and RockSupreme Court of Arkansas · 1943
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