Brizzolara v. Fort Smith
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; /. Virgil Bourland, Chancellor; 1. Appellants have the right to bring this suit. Art. 16, § 13, Constitution.
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Appeal from Sebastian Chancery Court, Fort Smith District; /. Virgil Bourland, Chancellor; 1. Appellants have the right to bring this suit. Art. 16, § 13, Constitution. Chancery has the power to inquire into municipal exactions and to enjoin their collection, and to inquire into and enjoin the enforcements of any kind of illegal burden imposed upon the citizen or his property. 34 Ark. 603; 39 Ark. 412; 33 Ark. 4411 46 Ark. 471; Kirby’s Dig. § 5485; 53 Ark. 205; 52 Ark. 541; 2 Dillon, Mun. Corp., § § 914, 915, 916; Tiedeman, Mun. Corp. § 395. Equity will take jurisdiction to avoid a…
1Opinion of the CourtBattle, J.
On the i6fh day of October, 1906, the city council of Eort Smith, Arkansas, passed an ordinance No. 737, section one of which is as follows:
“Section i. That section 1978 of Read & McDonough’s Digest of the Ordinances of Eort Smith, Arkansas, be amended to read as follows:
“Owners or occupants compelled to build — -The owners, occupants or agents of all lots or part thereof, blocks or parts thereof, in the city of Eort Smith, Arkansas, and all other real property in said city abutting on any street or streets or parks dr squares in said city, shall be required and hereby compelled to build and…
2Cases cited6 opinions
- Morrilton Waterworks Improvement District v. EarlSupreme Court of Arkansas · 1903
- Eureka Springs v. O'NealSupreme Court of Arkansas · 1892
- Tuck v. Town of WaldronSupreme Court of Arkansas · 1876
- Little Rock v. FitzgeraldSupreme Court of Arkansas · 1894
- Rau v. City of Little RockSupreme Court of Arkansas · 1879
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3Cited by2 opinions
- City of Little Rock v. LinnSupreme Court of Arkansas · 1968
- Yutterman v. GrierSupreme Court of Arkansas · 1914