Legal Opinion

City of Bentonville v. Browne

Supreme Court of Arkansas

Decided May 19, 1913PublishedCited by 9 opinions

Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. This appeal is a continuation of the case of Browne v. Bentonville, reported in the 94 Ark., page'80. The waterworks improvement district was formed coextensive within the corporate limits of the city (then town) of Bentonville, August, 1896. Appellee was then, and since continuously has been, the owner of a tract of land, consisting of about four acres, situated within the said…

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Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. This appeal is a continuation of the case of Browne v. Bentonville, reported in the 94 Ark., page'80. The waterworks improvement district was formed coextensive within the corporate limits of the city (then town) of Bentonville, August, 1896. Appellee was then, and since continuously has been, the owner of a tract of land, consisting of about four acres, situated within the said improvement district. The city took over the waterworks plant, and has since continuously operated it under the authority…

1Opinion of the Court

Smith, J.,

(after stating tbe facts). As an owner of property within tbe improvement district, appellee bad tbe right to sue to prevent the city from wasting, or mismanaging, or improperly diverting, tbe funds of tbe improvement district. Russell v. Tate, 52 Ark. 541; Jacksonport v. Watson, 33 Ark. 704; section 13, article 16, of tbe Constitution; section 5485 of Kirby’s Digest. But be bad no right to demand that tbe court order tbe city to construct a water main to bis property, and all other questions involved in tbe original decree were collateral to that one. Browne v. Bentonville, 94 Ark.…

2Cases cited3 opinions

  1. Russell v. TateSupreme Court of Arkansas · 1889
  2. Browne v. BentonvilleSupreme Court of Arkansas · 1910
  3. Town of Jacksonport v. WatsonSupreme Court of Arkansas · 1878

3Cited by9 opinions

  1. MacKey v. McDonaldSupreme Court of Arkansas · 1974
  2. Crain v. FosterSupreme Court of Arkansas · 1959
  3. City of Stuttgart v. McCuingSupreme Court of Arkansas · 1950
  4. Rose v. BrickhouseSupreme Court of Arkansas · 1931
  5. Price v. EdmondsSupreme Court of Arkansas · 1959

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