Fayetteville v. Stone
Supreme Court of Arkansas
Appeal from Washington Chancery Court; T. Haden Humphreys, Chancellor; STATEMENT BY THE COURT. On the 27th of August, 1909, the appellant city of Fayetteville passed an ordinance providing that abutting property owners of property around the “Square” should lay and construct certain sidewalks and gutters “upon the grade heretofore established or that hereafter may be established.”
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Appeal from Washington Chancery Court; T. Haden Humphreys, Chancellor; STATEMENT BY THE COURT. On the 27th of August, 1909, the appellant city of Fayetteville passed an ordinance providing that abutting property owners of property around the “Square” should lay and construct certain sidewalks and gutters “upon the grade heretofore established or that hereafter may be established.” Section 4 of the ordinance provides “that any person required by the provisions of this ordinance to construct any sidewalk, curb or gutter, who, after due notice, shall fail or refuse to do so for a period of…
1Opinion of the Court
Wood, J.,
(after stating the facts). When the natural surface has been used as the grade line for the streets of a city, and abutting property owners have improved their property with reference to such streets and grade lines, if the city after-wards changes the grade from the natural surface so as to damage abutting property owners, the city will be liable for such damages. The use of the natural surface as a grade for its streets by a municipality is the establishment of a grade conforming to that surface.
In Harman v. Bluefield, 73 S. E. 296, it is said: “It is not necessary that the city…
2Cases cited7 opinions
- Blair v. City of CharlestonWest Virginia Supreme Court · 1896
- Sallden v. City of Little FallsSupreme Court of Minnesota · 1907
- Hempstead v. Salt Lake CityUtah Supreme Court · 1907
- Hutchinson v. City of ParkersburgWest Virginia Supreme Court · 1884
- Harman v. BluefieldWest Virginia Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ray v. City of HuntingtonWest Virginia Supreme Court · 1918
- Clark County v. MitchellSupreme Court of Arkansas · 1954
- Eickhoff v. Street Improvement District No. 11Supreme Court of Arkansas · 1915
- Van Buren v. SmithSupreme Court of Arkansas · 1927
- City of Waldron v. HustonSupreme Court of Arkansas · 1962
2 more not listed; retrieve them via the Exa API.