McRaven v. Clancy
Supreme Court of Arkansas
Appeal from Pulaski Chancery 'Court; Jno. E. Martineau, Chancellor; STATEMENT BY THE COURT. This suit was brought by a property owner within the limits of proposed improvement district No. 6, East Pulaski. -Heights Addition.
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Appeal from Pulaski Chancery 'Court; Jno. E. Martineau, Chancellor; STATEMENT BY THE COURT. This suit was brought by a property owner within the limits of proposed improvement district No. 6, East Pulaski. -Heights Addition. The undisputed facts are that ten property owners of the proposed improvement district addressed to the city council of Pulaski Heights a petition praying that certain lots and blocks, including among others, lots 10, 11 and 12, in block 13 of the town of Pulaiski Heights, be created into an improvement district. An ordinance was passed by the city council granting the…
1Opinion of the Court
Wood, J.,
(after ¡stating the facts). In Voss v. Reyburn, 104 Ark. 298-301, this court, following the decision in Crane v. Siloam Springs, 67 Ark. 30, held, that “the publication of the ordinance of the city council establishing the district as required by this statute is mandatory and essential to the creation of a local improvement district.” We further held, that, “the publication of this notice in the manner prescribed by the statute is jurisdictional, and the district is not created without it. ’ ’ See Norton v. Bacon, 113 Ark. 566.
The omission from the publication ¡of one lot which was…
2Cases cited3 opinions
- Crane v. Siloam SpringsSupreme Court of Arkansas · 1899
- Voss v. ReyburnSupreme Court of Arkansas · 1912
- Norton v. BaconSupreme Court of Arkansas · 1914
3Cited by13 opinions
- Kingrey v. WilsonSupreme Court of Arkansas · 1957
- Paschal v. SwepstonSupreme Court of Arkansas · 1915
- Cox v. Drainage District No. 27, Craighead CountySupreme Court of Arkansas · 1945
- Gregg v. Road Improvement District No. 2Supreme Court of Arkansas · 1925
- Riddle v. BallewSupreme Court of Arkansas · 1917
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