Legal Opinion

Heinemann v. Sweatt

Supreme Court of Arkansas

Decided June 25, 1917PublishedCited by 29 opinions

Appeal from Jackson Cbancery Court; Geo. T. Humphries, Chancellor; 1. A local improvement district must be composed of adjacent, compact, contiguous and continuous territory. The question of boundaries is closely scrutinized.

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Appeal from Jackson Cbancery Court; Geo. T. Humphries, Chancellor; 1. A local improvement district must be composed of adjacent, compact, contiguous and continuous territory. The question of boundaries is closely scrutinized. The lands must be contiguous. 126 Ark. 416; lb. 172; 122 Ark. 491; 120 Id. 230; 105 Id. 380; 35 Id. 58; 15 Cyc. 309; 28 Id. 120,150, 193; 54 Ark. 321; 55 Id. 609; lb. 618; 35 Cyc. 856-7; 38 Id. 601. 2. The Legislature can not confer on Jackson County extraterritorial authority. 3. Publication in a newspaper in Jackson County can not bind lands in Woodruff County. 96 Ark.…

1Opinion of the CourtMcCULLOCH, C. J.

This is an attack upon the validity of a statute enacted by the General Assembly of 1917 (Act No. 165), creating a road improvement district designated as Road Improvement District No. 3 of Jackson County, to improve a public road in that county known as the Newport and Augusta Road, which is specifically described in the statute. The controversy arises in a suit instituted by appellant who is the owner of a tract of land within the boundaries of the district, against the commissioners named in the statute, and appellant seeks to restrain the commissioners from proceeding with the…

2Cases cited4 opinions

  1. Coffman v. St. Francis Drainage DistrictSupreme Court of Arkansas · 1907
  2. Parkview Land Co. v. Road Improvement District No. 1Supreme Court of Arkansas · 1909
  3. Paschal v. SwepstonSupreme Court of Arkansas · 1915
  4. Norton v. BaconSupreme Court of Arkansas · 1914

3Cited by29 opinions

  1. Page v. Highway 10, Water Pipe Line Improvement District No. 1Supreme Court of Arkansas · 1940
  2. Johns v. Road Improvement DistrictsSupreme Court of Arkansas · 1920
  3. Milwee v. TribbleSupreme Court of Arkansas · 1919
  4. Reiman v. RawlsSupreme Court of Arkansas · 1934
  5. Booe v. SimsSupreme Court of Arkansas · 1919

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