Arkansas Light & Power Co. v. Cooley
Supreme Court of Arkansas
Appeal from Clark Chancery Court; Jas. D. Shaver, Chancellor; STATEMENT OE EACTS. C. F. Cooley, a resident and property owner of the city of Arkadelphia, brought this suit in equity on behalf of himself and all other persons whose rights are similarly affected, against the Arkansas Light & Power Company for cutting off the light and water furnished by that company.
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Appeal from Clark Chancery Court; Jas. D. Shaver, Chancellor; STATEMENT OE EACTS. C. F. Cooley, a resident and property owner of the city of Arkadelphia, brought this suit in equity on behalf of himself and all other persons whose rights are similarly affected, against the Arkansas Light & Power Company for cutting off the light and water furnished by that company. The facts are as follows; On September 10, 1914, the city council granted the Arkansas Light &Power Company a franchise to establish and operate in the city of Arkadelphia an electric light system for a period of fifty years, and…
1Opinion of the Court
HART, J.,
(after stating the facts). The chancellor was right in holding that the ordinances of August 5, 1918, providing for a raise in water and light rates were void because upon their passage the yeas and nays were not called and recorded. A grant by a city council to a public service company of a franchise to supply water and light to a municipality and the inhabitants thereof at certain stipulated rates when accepted becomes a contract between the municipality and the grantee, and the conditions therein are binding, the same as the terms of any other contract, both on the municipality…
2Cases cited4 opinions
- Little Rock Railway & Electric Co. v. DowellSupreme Court of Arkansas · 1911
- Lackey v. Fayetteville Water Co.Supreme Court of Arkansas · 1906
- Cutler v. Town of RussellvilleSupreme Court of Arkansas · 1882
- Oglesby v. Fort SmithSupreme Court of Arkansas · 1912
3Cited by12 opinions
- City of Little Rock v. LinnSupreme Court of Arkansas · 1968
- Western States Utilities Co. v. City of WasecaSupreme Court of Minnesota · 1954
- Chastain v. Oklahoma CitySupreme Court of Oklahoma · 1953
- Natural Gas & Fuel Corp. v. Norphlet Gas & Water Co.Supreme Court of Arkansas · 1927
- Pocahontas v. Central Power and Light Co.Supreme Court of Arkansas · 1922
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