Dunkum v. Moore

I cannot agree with the majority’s construction of the governing statute. In my opinion, there is no substantial evidence that a majority of the inhabitants had signed the petition for incorporation. Under Ark. Stat. Ann. § 19-106 (Repl. 1968), the circuit court was required to annul the incorporation if it appeared to its satisfaction that a majority of the inhabitants had not signed the petition. Town of Wrightsville v. Walton, 255 Ark. 523, 501 S.W. 2d 241.

The trial judge’s decision does not indicate its basis or his interpretation of the statute. I do not agree with the majority’s…