Bush v. Delta Road Improvement District
Supreme Court of Arkansas
Appeal from Lee Chancery Court; A. L. Hutchins, Chancellor; STATEMENT OP PACTS. Appellants, who are property owners within the proposed road improvement district, brought this suit in equity against appellees, who are commissioners of said proposed district, to enjoin them from proceeding to construct the road provided for.
Read the full summary
Appeal from Lee Chancery Court; A. L. Hutchins, Chancellor; STATEMENT OP PACTS. Appellants, who are property owners within the proposed road improvement district, brought this suit in equity against appellees, who are commissioners of said proposed district, to enjoin them from proceeding to construct the road provided for. Appellants set out in their complaint the several grounds which they claim render the district invalid and there is an agreed statement of facts filed by the parties to the effect that the allegations are true. The several grounds of objections to the validity of the…
1Opinion of the Court
Hart, J.,
(after stating the facts). The district in question was created by an act of the Legislature passed at its regular session in 1919 and approved March 8, 1919. Special Road Acts of the Session of 1919, vol. 1, p. 706.
It is first earnestly insisted that the act is unconstitutional because it gives the commissioners power to lay out and establish new public roads and takes away from the county court the jurisdiction over public roads vested in it by article 7, section 28, of the Constitution of 1874.
The section complained of is section 2, and it reads as follows:
“Said district is hereby…
2Cases cited7 opinions
- Myles Salt Co. v. Board of Comm'rs of Iberia and St. Mary Drainage Dist.Supreme Court of the United States · 1916
- Sallee v. DaltonSupreme Court of Arkansas · 1919
- Coffman v. St. Francis Drainage DistrictSupreme Court of Arkansas · 1907
- Reitzammer v. Desha Road Improvement District No. 2Supreme Court of Arkansas · 1919
- Cumnock v. AlexanderSupreme Court of Arkansas · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Van Hook v. WallaceSupreme Court of Arkansas · 1920
- Bacon v. Road Improvement District No. 1Supreme Court of Arkansas · 1923
- Wimberly v. Road Improvement District No. 7Supreme Court of Arkansas · 1923
- McCord v. WelchSupreme Court of Arkansas · 1921
- Burr v. Beaver Dam Drainage DistrictSupreme Court of Arkansas · 1920
7 more not listed; retrieve them via the Exa API.