Eickhoff v. Street Improvement District No. 11
Supreme Court of Arkansas
Appeal from Pulaski Circuit 'Court, Third Division; W. G. Hendricks, Judge; STATEMENT by the court. The .appellant sued the city of Argenta ’and Street Improvement District No. 11 of that city, which we will hereafter designate -as the district, 'alleging that he was the owner of certain lots in the city of Argenta on which there were six'store buildings fronting on East Washington Avenue for a distance of 140 feet. The lots are particularly described in the complaint.
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Appeal from Pulaski Circuit 'Court, Third Division; W. G. Hendricks, Judge; STATEMENT by the court. The .appellant sued the city of Argenta ’and Street Improvement District No. 11 of that city, which we will hereafter designate -as the district, 'alleging that he was the owner of certain lots in the city of Argenta on which there were six'store buildings fronting on East Washington Avenue for a distance of 140 feet. The lots are particularly described in the complaint. It was alleged that the buildings were erected with reference to the then street grade as established by the city; that the…
1Opinion of the Court
Wood, J.,
(after .stating the facts). (1) Cities and towns have the power to fix and change the grades of their streets. These powers are expressly conferred upon them for the public good. Kirby’s Digest, ^ § 5475-5495.(2) Under the statute .and our decisions where abutting owners have made improvements with reference to the established grade of the streets, thereafter if the grade is changed to the damage of abutting owners, the city is liable for such damage. Kirby’s Digest, § § 5495-6-7; Fayetteville v. Stone, 104 Ark. 136; Dickerson v. Okolona, 98 Ark. 206; Jonesboro v. Pribble, 112 Ark.…
2Cases cited9 opinions
- Wood v. Drainage District No. 2Supreme Court of Arkansas · 1913
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
- Board of Improvement of Sewer District Number 2 v. MorelandSupreme Court of Arkansas · 1910
- City of El Dorado v. ScruggsSupreme Court of Arkansas · 1914
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- Gordon v. Camden Curb & Gutter District No. 1Supreme Court of Arkansas · 1926
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