Nettles v. Hazelwood Road Improvement District No. 2
Supreme Court of Arkansas
Appeal from Greene Cliancery Court; Archer Wheatley, Chancellor; The special act, No. 126, Acts 1919, is void, and all acts done and performed under said act and threatened and about to be done are illegal, null and void, because— 1. It takes away the jurisdiction of the county court.
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Appeal from Greene Cliancery Court; Archer Wheatley, Chancellor; The special act, No. 126, Acts 1919, is void, and all acts done and performed under said act and threatened and about to be done are illegal, null and void, because— 1. It takes away the jurisdiction of the county court. Art. 7, § 28, Const. 1874. 2. It is a legislative invasion and usurpation of the judicial power forbidden by § 1, art. 14, Const. 1874. 3. The act was never read at length on three separate days, as required by § 22, art. 5, Const. 1874. 4. It is confiscatory and violates §§ 21 and 22, art. 2, Const. 1874, and…
1Opinion of the CourtMcCulloch, C. J.
This case involves an attack on the validity of a road improvement district in Greene County created by a special statute (Act No. 126, regular session of 1939) and the proceedings of the board of commissioners and assessors under authority of that statute. The statute in question creating the road improvement district describes the boundaries and the roads to be improved and names/ the commissioners. The roads to be improved are described as public roads and the route is mentioned in detail. It contains authority for the improvement and for assessment of benefits and the borrowing of money.
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2Cases cited2 opinions
- Reitzammer v. Desha Road Improvement District No. 2Supreme Court of Arkansas · 1919
- Dickinson v. ReederSupreme Court of Arkansas · 1920
3Cited by4 opinions
- House v. Road Improvement District No. 2Supreme Court of Arkansas · 1923
- Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
- Pierce v. Drainage District No. 17Supreme Court of Arkansas · 1922
- Self v. Road Improvement District No. 1Supreme Court of Arkansas · 1920