Riddle v. Ballew
Supreme Court of Arkansas
Appeal from Prairie Chancery Court, Northern District; John M.'Elliott, Chancellor; 1. This is a direct attack upon the validity of the district. The petition included the south half of blocks C and D. The ordinance creating the district omitted these two half blocks.
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Appeal from Prairie Chancery Court, Northern District; John M.'Elliott, Chancellor; 1. This is a direct attack upon the validity of the district. The petition included the south half of blocks C and D. The ordinance creating the district omitted these two half blocks. The petition is jurisdictional, and the failure to embrace these half blocks in the ordinance was fatal. 104 Ark. 298; 115 Id. 163. ■ The property was nonassessable, and it was not material that it be included in the ordinance. 86 Ark. 205; 42 Id. 536; 56 Id. 354; 12 L. R. A. 852; 62 Md. 127; 26 N. E. 403; 126 Ind. 261, etc.…
1Opinion of the Court
WOOD, J.,
(after stating the facts). In Bell v. Phillips, 116 Ark. 167, quoting from Kraft v. Smothers, 103 Ark. 269, 272, we said: “The foundation of the improvement was the petition of the owners of real property situated in the proposed district. Under the statute, the extent and character of the improvement as expressed in the ordinance must substantially comply with the terms of the petition upon which it is based.”
We also quoted from Smith v. Improvement Dist., 108 Ark. 141, 144, as follows: “Our statute requires, as a prerequisite to the exercise of the authority conferred upon the city…
2Cases cited7 opinions
- Boles v. KelleySupreme Court of Arkansas · 1909
- Bell v. PhillipsSupreme Court of Arkansas · 1915
- McRaven v. ClancySupreme Court of Arkansas · 1914
- Smith v. Improvement District No. 14Supreme Court of Arkansas · 1913
- Kraft v. SmothersSupreme Court of Arkansas · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Palmer v. Town of FarmingtonNew Mexico Supreme Court · 1919
- Dunbar v. Street Improvement District No. 1Supreme Court of Arkansas · 1927
- Simmons v. FessendenSupreme Court of Florida · 1933
- Jarrett v. BairdSupreme Court of Arkansas · 1923
- People v. South Platte Water Conservancy DistrictSupreme Court of Colorado · 1959
2 more not listed; retrieve them via the Exa API.