White v. Lorings

In my judgment this is a case that could have been decided either way by the county and circuit courts, but both lower courts found that the petition should be denied. On appeal we must uphold those decisions unless we can say that they were clearly erroneous. Ark. Civ. P., Rule 52.

There are two major flaws in the majority’s judgment. First, the opinion conveniently ignores the fact that Arkansas law gives the trial court some discretion in granting or denying a petition to incorporate. Ark. Stat. Ann. § 19-103 (Repl. 1980) reads:

If the County Court shall be satisfied, after hearing such…