Legal Opinion

Road Improvement District No. 2 v. Winkler

Supreme Court of Arkansas

Decided March 4, 1912PublishedCited by 9 opinions

Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. This district was held to have been legally formed under a constitutional act. 92 Ark. 93. 2. Under our laws there are two systems for the formation of improvement districts: (1) applying to land lying wholly within the boundaries of municipalities, and (2) to lands lying wholly outside of said boundaries.

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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. This district was held to have been legally formed under a constitutional act. 92 Ark. 93. 2. Under our laws there are two systems for the formation of improvement districts: (1) applying to land lying wholly within the boundaries of municipalities, and (2) to lands lying wholly outside of said boundaries. The extension of High Street has been used as a public road for more than seven years, and it has been declared a public highway by the county court, the only court having jurisdiction. The court erred in holding…

1Opinion of the CourtFrauenthal, J.

A number of persons owning real estate in Pulaski County presented to the county court of that county a petition asking for the formation of a road improvement district under the provisions of an act of the Legislature approved May 2, 1907, entitled, “An act to provide for the creation of road improvement districts, or building, constructing, maintaining and repairing of public roads in the State of Arkansas,” as amended by the act approved June 1, 1909 (Acts 1907, p. 568; Acts 1909, p. 1151)., A remonstrance was, filed to the petition by a number x>f owners of real estate in the proposed…

2Cases cited7 opinions

  1. Lingo v. BurfordSupreme Court of Missouri · 1892
  2. Howard v. StateSupreme Court of Arkansas · 1886
  3. Patton v. StateSupreme Court of Arkansas · 1887
  4. Willis v. SprouleSupreme Court of Kansas · 1874
  5. Parkview Land Co. v. Road Improvement District No. 1Supreme Court of Arkansas · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Campbell v. Wyoming Development Co.Wyoming Supreme Court · 1940
  2. McLain v. KeelSupreme Court of Arkansas · 1918
  3. North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
  4. Dickerson v. Tri-County Drainage DistrictSupreme Court of Arkansas · 1919
  5. Merritt Mercantile Company v. NelmsSupreme Court of Arkansas · 1925

4 more not listed; retrieve them via the Exa API.

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