Lewis v. Rieff
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; The power to lay off and open streets and alleys has been given by the Legislature to municipal corporations alone. Kirby’s Dig., § § 5664, 5665. An improvement district is not a municipal corporation, nor the agent of -the municipal corporation within which it is organized. 5.5 Ark. 148. Statutes conferring the power to open streets and alleys must be strictly construed.
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Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; The power to lay off and open streets and alleys has been given by the Legislature to municipal corporations alone. Kirby’s Dig., § § 5664, 5665. An improvement district is not a municipal corporation, nor the agent of -the municipal corporation within which it is organized. 5.5 Ark. 148. Statutes conferring the power to open streets and alleys must be strictly construed. If improvement districts can open alleys under our law, they can open streets. This is clearly not intended by the Legislature. 103 Ark. 529. The power of…
1Opinion of the CourtKirby, J.
The only question presented by this appeal, for determination, is whether an improvement district can be organized in a city for opening, establishing and creating an alley through property where no alley has ever been opened, dedicated or provided for.
Section 5664, Kirby’s Digest, provides, “The council of any city of the first or second class of any incorporated town may assess all real property within such city or within any district thereof, for the purpose of grading or otherwise improving streets and alleys, constructing sewers or making any local improvement of a public nature in the…
2Cases cited2 opinions
- Sanderson v. TexarkanaSupreme Court of Arkansas · 1912
- Pulaski Gas Light Co. v. RemmelSupreme Court of Arkansas · 1911
3Cited by4 opinions
- Bell v. PhillipsSupreme Court of Arkansas · 1915
- Harnwell v. WhiteSupreme Court of Arkansas · 1914
- Keith v. Drainage Dist. No. 7 of Poinsett CountySupreme Court of Arkansas · 1931
- Hamburg Bank v. AhrensSupreme Court of Arkansas · 1915