Town of Arkadelphia v. Clark
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. R. D. Hearn, Judge. The appellee, Clark, was prosecuted in the Mayor’s Court of Arkadelphia for violating an ordinance prohibiting the owning* keeping or raising of bees within the corporate limits of that, city. He was fined $6.00, and appealed to the Circuit Court, where he demurred to the charge against him on the ground that the ordinance was void and that the Mayor had no jurisdiction to render the judgment appealed from.
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APPEAL from Clark Circuit Court. R. D. Hearn, Judge. The appellee, Clark, was prosecuted in the Mayor’s Court of Arkadelphia for violating an ordinance prohibiting the owning* keeping or raising of bees within the corporate limits of that, city. He was fined $6.00, and appealed to the Circuit Court, where he demurred to the charge against him on the ground that the ordinance was void and that the Mayor had no jurisdiction to render the judgment appealed from. The court sustained the demurrer and dismissed the charge. The city appealed. A preamble to the ordinance referred to recites that a…
1Per curiam
Nuisance: Keeping Neither the keeping, owning, or raising of bees is, in itself, a nuisance. Bees may become a nuisance in a cit3q but whether they are so or not is a question to be judicially determined in each case. The ordinance under consideration undertakes to mike each of the acts named a nuisance without regard to the fact whether it is so or not, or whether bees in general have become a nuisance in the city. It is, therefore, too broad, and is invalid.
Affirmed.
2Cited by21 opinions
- Rogers Group, Inc. v. City of Fayetteville, Ark.Court of Appeals for the Eighth Circuit · 2010
- Phillips v. Town of Oak GroveSupreme Court of Arkansas · 1998
- Ex parte FooteSupreme Court of Arkansas · 1901
- Lonoke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
- City of Piggott v. EblenSupreme Court of Arkansas · 1963
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