Legal Opinion

Harrell v. City of Conway

Supreme Court of Arkansas

Decided October 25, 1954No. 552PublishedCited by 13 opinions

1Opinion of the CourtJ. Seaborn Holt, J.

This appeal involves the rights of the City of Conway and the Conway Corporation (appellees) and the rights of the other riparian owners (appellants) within the watershed of Cadron Creek.

Material facts appear to be undisputed. The City of Conway owns its Municipal Water System and appellee, Conway Corporation, operates it under lease from the City. Since about 1912, the City has been getting its water supply from Cadron Creek, a non-navigable stream, about five miles away. Cadron Creek empties into the Arkansas River, and the City’s point of intake and its water facilities and equipment are…

2Cases cited4 opinions

  1. Borough of Ashland v. HauptSupreme Court of Pennsylvania · 1889
  2. Meriwether Sand & Gravel Co. v. State Ex Rel. Attorney GeneralSupreme Court of Arkansas · 1930
  3. Wallace v. City of WinfieldSupreme Court of Kansas · 1915
  4. Thomas v. LaCottsSupreme Court of Arkansas · 1953

3Cited by13 opinions

  1. Harris v. BrooksSupreme Court of Arkansas · 1955
  2. Jones v. Oz-Ark-Val Poultry Co.Supreme Court of Arkansas · 1957
  3. Miller v. United StatesDistrict Court, E.D. Arkansas · 1980
  4. Lingo v. City of JacksonvilleSupreme Court of Arkansas · 1975
  5. Amended April 11, 2017 Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, as Trustee of Drainage Districts 32, 42, 65, 79, 81, 83, 86, and Calhoun County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 2 and 51 and Buena Vista County Board of Supervisors and Sac County Board of Supervisors as Joint TrusteesSupreme Court of Iowa · 2017

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