Waters v. Whitcomb
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; The Constitution requires an absolute majority of the property owners in order to validate the proceedings, not a majority on the face of the record, bnt an absolute, actual majority.
Read the full summary
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; The Constitution requires an absolute majority of the property owners in order to validate the proceedings, not a majority on the face of the record, bnt an absolute, actual majority. And whether or not there exists a majority is a judicial question which the courts must determine whenever its attention is brought to it. 50 Ark. 127. A citizen’s rights can not be forfeited by his failure to act within thirty days after publication of the assessment ordinance, the statute, Kirby’s Dig., § 5685, notwithstanding. 67 Ark. 30-43;…
1Opinion of the CourtMcCulloch, C. J.
Appellant is a citizen of the city of Little Eock and owns real estate situated within the territorial bounds of an improvement district formed for the purpose, of paving a certain street in said city. He instituted this action in the chancery court to enjoin the board of improvement of said district from proceeding with the work, alleging, as a basis for his suit, that a majority in value of the property owners had not signed a petition for the improvement. The action was instituted within thirty days after the ordinance was passed by the city council declaring that a majority in value of…
2Cases cited4 opinions
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Rector v. Board of ImprovementSupreme Court of Arkansas · 1887
- Board of Directors of Jefferson County Bridge District v. CollierSupreme Court of Arkansas · 1912
- Craig v. Russellville Waterworks Improvement DistrictSupreme Court of Arkansas · 1907
3Cited by6 opinions
- Pope v. City of NashvilleSupreme Court of Arkansas · 1917
- Mowrey v. ColemanSupreme Court of Arkansas · 1955
- Jacobs v. City of ParisSupreme Court of Arkansas · 1917
- Burrus v. Board of Improvement of Sewer Improvement District No. 1Supreme Court of Arkansas · 1918
- Ruddell v. MondaySupreme Court of Arkansas · 1929
1 more not listed; retrieve them via the Exa API.