Less v. Improvement District No. 1 of Hoxie
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Bene H. Coleman, Judge; 1. The district and the commissioners were es-topped to deny the existence of a valid corporation, after incurring a debt while holding itself out as a valid district. 81 Ark. 391, 402; Thompson on Corporations, § § 1124, 1951, 1953; 70 Ark. 451. 2. The district was validly organized. 114 Ark. 23; 110 Id. 544. There was no variance in the petition and ordinances.
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Appeal from Lawrence Circuit Court, Eastern District; Bene H. Coleman, Judge; 1. The district and the commissioners were es-topped to deny the existence of a valid corporation, after incurring a debt while holding itself out as a valid district. 81 Ark. 391, 402; Thompson on Corporations, § § 1124, 1951, 1953; 70 Ark. 451. 2. The district was validly organized. 114 Ark. 23; 110 Id. 544. There was no variance in the petition and ordinances. Where a district has been properly established a mandamus will issue compelling it to pass an ordinance to levy assessments. 41 Ark. 52. Sidewalks are part…
1Opinion of the Court
HART, J.,
(after stating- tbe facts). In tbe case of Meehan v. Maxwell, 115 Ark. 594, tbe court held: “Where tbe petition to the city council asking for tbe formation of an improvement district provided that tbe district was for tbe ‘purpose of building and laying concrete sidewalks on all public streets of tbe entire town, ’ and tbe ordinance provided for tbe ‘laying and building concrete sidewalks on either or both sides of all public streets within tbe town,’ tbe ordinance will be held to change, or depart from, tbe terms of tbe petition, and tbe ordinance was therefore invalid.” Tbis case…
2Cases cited4 opinions
- Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
- Gibson v. Incorporated Town of HoxieSupreme Court of Arkansas · 1913
- Boaz v. CoatesSupreme Court of Arkansas · 1914
- Meehan v. MaxwellSupreme Court of Arkansas · 1914
3Cited by4 opinions
- Nelson v. NelsonSupreme Court of Arkansas · 1922
- Calico v. Huntsville Paving Improvement District No. OneSupreme Court of Arkansas · 1949
- Street Improvement District No. 1 v. CooperSupreme Court of Arkansas · 1949
- Stock v. Hazen Street & Sidewalk Improvement DistrictSupreme Court of Arkansas · 1919