Board of Improvement of Paving District No. 7 v. Brun
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; The improvement district having been duly and legally constituted for the purpose of paving the street, all things necessary to construct an adequate pavement are incident to the power conferred to pave. . An adequate provision for the proper drainage of the street is necessary for its maintenance in good condition after the pavement is put down, and the power to provide for such drain is…
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; The improvement district having been duly and legally constituted for the purpose of paving the street, all things necessary to construct an adequate pavement are incident to the power conferred to pave. . An adequate provision for the proper drainage of the street is necessary for its maintenance in good condition after the pavement is put down, and the power to provide for such drain is embraced in, and therefore incident to, the original power to pave. Whether the drainage shall be effected by meant of…
1Opinion of the CourtFrauenthal, J.
This is an action to enjoin the board of improvement of a paving district organized in the city of Fort Smith from expending the money of said district in constructing a system of underground drainage or storm sewers therein. The plaintiff is an owner of real property situated in the improvement district, and in his complaint it is alleged that, in pursuance of the petition of a requisite number of owners of real property to be affected thereby, the city council had regularly passed an ordinance creating and establishing an improvement district known as Paving District No. 7 in the city of…
2Cases cited9 opinions
- Warren v. HenlySupreme Court of Iowa · 1870
- McDonnell v. Improvement District No. 145Supreme Court of Arkansas · 1911
- Cone v. City of HartfordSupreme Court of Connecticut · 1859
- Murphy v. City of PeoriaIllinois Supreme Court · 1887
- Kraft v. SmothersSupreme Court of Arkansas · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mendrop v. HarrellMississippi Supreme Court · 1958
- Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
- Feldhake v. City of Santa FeNew Mexico Supreme Court · 1956
- Bottrell v. HollipeterSupreme Court of Arkansas · 1918
- Johnson v. HamlenSupreme Court of Arkansas · 1921
4 more not listed; retrieve them via the Exa API.