Branch v. Gerlach
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, .Second Division; F. Guy Fulk, Judge; The tax imposed is ultra vires and void. 30 Ark. 435. The courts will interfere to correct an unreasonable exercise or a mistaken application of the police power. 34 Ark. 603; 43 Ark. 82; 52 Ark. 201; 56 Ark. 370; 83 Ark. 351; 85 Ark. 590; 90 Ark. 127. The ordinance is not void. 26 Ark. 527; 13 N. Y. 427; 167 Mo. 554; 64 L. R. A. 679. _ The tax is a proper charge.
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Appeal from Pulaski Circuit Court, .Second Division; F. Guy Fulk, Judge; The tax imposed is ultra vires and void. 30 Ark. 435. The courts will interfere to correct an unreasonable exercise or a mistaken application of the police power. 34 Ark. 603; 43 Ark. 82; 52 Ark. 201; 56 Ark. 370; 83 Ark. 351; 85 Ark. 590; 90 Ark. 127. The ordinance is not void. 26 Ark. 527; 13 N. Y. 427; 167 Mo. 554; 64 L. R. A. 679. _ The tax is a proper charge. Acts 1889, p. 18; 53 Ark. 300; 90 Ark. 5. The presumption is that the ordinance is just, and the construction of it is for the court. 52 Ark. 301; 70 Ark. 30;…
1Opinion of the CourtMcCuerocii, C. J.
Appellant prays for a writ of mandamus to compel the city clerk of Argenta to issue permits for sewer connection with houses on his lots.' He demanded a permit for one sewer connection with several houses on different lots in the same block, and the same was refused on the alleged ground that the ordinance of the city did not authorize •a single permit for houses on more than one lot. The circuit court refused to grant the writ of mandamus, and an appeal was taken to this court.
The ordinance relied on to sustain the refusal to issue the single permit for connection with more than one lot…
2Cited by3 opinions
- City of Mountain Home v. RaySupreme Court of Arkansas · 1954
- Opinion No., Arkansas Attorney General Reports2007
- Opinion No., Arkansas Attorney General Reports2003