Morrilton Waterworks Improvement District v. Earl
Supreme Court of Arkansas
Appeal from Conway Circuit Court in Chancery. John Fletoi-ier, Special Judge. H. D. Cammaek, O. T. Bentley and Carroll Armstrong, as Lhe Board of Improvement of the Morrilton Waterworks Improvement District, sued in equity in the Conw;ay circuit court to foreclose a lien on the property of appellees, L. M. Earl and others.
Read the full summary
Appeal from Conway Circuit Court in Chancery. John Fletoi-ier, Special Judge. H. D. Cammaek, O. T. Bentley and Carroll Armstrong, as Lhe Board of Improvement of the Morrilton Waterworks Improvement District, sued in equity in the Conw;ay circuit court to foreclose a lien on the property of appellees, L. M. Earl and others. It is alleged in the complaint that the improvement district for the purpose of building, maintaining and operating a system of waterworks- had been duly established, embracing the corporate limits of the city of Morrilton; that the plaintiffs constituted the board of…
1DissentHughes, J.
The controlling question in this ease is not without difficulty. It is, did the city council have the power to pass the ordinance to abandon this improvement, and to abolish the improvement district for all purposes, except' a settlement of outstanding debts, etc., of the district? I recognize the general rule as stated by Judge Dillon in 1 Dillon, Municipal Corp. § 589.
That the formation of improvement districts can be had only under statute authorizing them is true, and that there is in the statute no express authority to abolish them and abandon an improvement begun by them seems to be…
2Cases cited3 opinions
- City of Chicago v. BarbianIllinois Supreme Court · 1875
- Noonan v. People ex rel. RaymondIllinois Supreme Court · 1899
- McPike v. City of AltonIllinois Supreme Court · 1900