Sikes v. Douglas
Supreme Court of Arkansas
Appeal from Benton Chancery Court; Bern, F. McMahan, Chancellor; 1. Act No. 149 creating Boad District No. 2, Acts 1919, p. 400, is unconstitutional .and void.
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Appeal from Benton Chancery Court; Bern, F. McMahan, Chancellor; 1. Act No. 149 creating Boad District No. 2, Acts 1919, p. 400, is unconstitutional .and void. None except public roads can be improved under the powers given road improvement districts, and these roads must be in existence at the time the district is created,.and such roads must be well defined in the act or power given the commissioners to lay out the road and that by consent of the county court, and the facts alleged in the complaint entitle appellant to relief. The Legislature could not pass a special act laying out a road…
1Opinion of the CourtMcCulloch, C. J.
Appellant is the owner of real estate in a road improvement district in Benton County, designated as Road Improvement District No. 2 of Benton County, created by a special statute enacted by the Beneral Assembly of 1919, at the regular session (vol. 1, Road Acts 1919, p. 400) and lie instituted this action in the chancery court of that county against the board of commissioners of the district, and against the engineer of the district and the tax collector, to restrain proceedings under the statute. He attacks the validity of the statute itself and also the regularity of the proceedings…
2Cases cited4 opinions
- Bayou Meto Drainage District v. ChaplineSupreme Court of Arkansas · 1920
- Easley v. PattersonSupreme Court of Arkansas · 1920
- Seitz v. MeriwetherSupreme Court of Arkansas · 1914
- Sain v. BogleSupreme Court of Arkansas · 1916
3Cited by6 opinions
- House v. Road Improvement District No. 2Supreme Court of Arkansas · 1923
- Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
- Turner v. AdamsSupreme Court of Arkansas · 1928
- Pierce v. Drainage District No. 17Supreme Court of Arkansas · 1922
- Vaughan v. Woodruff-Prairie Road Improvement District No. 6Supreme Court of Arkansas · 1923
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