Hamilton v. Board of Improvement of Light & Water District No. 2
Supreme Court of Arkansas
Appeal from Cross Chancery Court; T. E. Lines, Special Chancellor; 1. The act attempting to validate the district is unconstitutional and void. Art. 19, § 27, Constitution; 58 Ark. 117, 121; 26 Md..l95; 79 Ind. 274; 74 Mo. 457. 2. It levies an assessment without the consent of a majority of the property holders within the district. It also attempts to divest vested rights. Cooley, Const. Lim. 238; 54 Tex. 153'; 31 Am.
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Appeal from Cross Chancery Court; T. E. Lines, Special Chancellor; 1. The act attempting to validate the district is unconstitutional and void. Art. 19, § 27, Constitution; 58 Ark. 117, 121; 26 Md..l95; 79 Ind. 274; 74 Mo. 457. 2. It levies an assessment without the consent of a majority of the property holders within the district. It also attempts to divest vested rights. Cooley, Const. Lim. 238; 54 Tex. 153'; 31 Am. Bep. 218; 10 Barb. 223. 1. The act is not unconstitutional nor void. Its curative provisions dealt only with matters within the province of the Legislature and remedied those…
1Opinion of the CourtMcCulloch, C. J.
In the year 1912 there was an attempt to organize, under the general statutes of the State, an improvement district in the City of Wynne for the purpose of reconstructing, taking over and extending the system of waterworks theretofore constructed and put in operation by another improvement district. The district was declared to be organized and the petition of property owners asking for the construction of the improvement was duly filed with the city council, but subsequently litigation arose concerning the validity of the organization and on appeal to this court it ivas decided that the…
Also in this document: Dissent.
2Cases cited4 opinions
- Craig v. Russellville Waterworks Improvement DistrictSupreme Court of Arkansas · 1907
- Bell v. PhillipsSupreme Court of Arkansas · 1915
- Sembler v. Water & Light Improvement DistrictSupreme Court of Arkansas · 1913
- Gibson v. Incorporated Town of HoxieSupreme Court of Arkansas · 1913
3Cited by2 opinions
- White v. LoughboroughSupreme Court of Arkansas · 1916
- Jacobs v. City of ParisSupreme Court of Arkansas · 1917