Cotten v. City of Benton
Supreme Court of Arkansas
Appeal from Saline Chancery Court; J. P. Henderson, Chancellor; STATEMENT by the coubt. The General Assembly of 1911 passed Special Act No. 113, which was .an act to declare Benton, Arkansas, a city of the second class and for other purposes. The city council of the city of Benton, proceeding upon the assumption that the act was valid, and constitutional, passed an ordinance requiring property owners to construct sidewalks and curbs.
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Appeal from Saline Chancery Court; J. P. Henderson, Chancellor; STATEMENT by the coubt. The General Assembly of 1911 passed Special Act No. 113, which was .an act to declare Benton, Arkansas, a city of the second class and for other purposes. The city council of the city of Benton, proceeding upon the assumption that the act was valid, and constitutional, passed an ordinance requiring property owners to construct sidewalks and curbs. M. M. Cotten failed to comply with the order and the city council caused a walk .and curb to be constructed in front of Ms property and upon his refusal to pay…
1Opinion of the CourtHart, J.
The only contention made by counsel for the defendant for a reversal of the decree is that the special act above referred to making Benton a city of the ■second class is unconstitutional, and in this we think counsel are correct.
Article 12, section 3, of the Constitution of 1874, reads as follows:
“The General Assembly shall provide, by general laws, for the organization of cities (which may be classified) and incorporated towns, and restrict their power of taxation, assessment, borrowing money and contracting debts, .so as to prevent the abuse of such power.”
Counsel for the defendant insist…
2Cases cited1 opinion
- City of Little Rock v. ParishSupreme Court of Arkansas · 1880
3Cited by4 opinions
- Bd. of Improvement of Gravette Waterworks Improvement District v. CarmanSupreme Court of Arkansas · 1919
- Eureka Fire Hose Co. v. FurrySupreme Court of Arkansas · 1916
- Cotten v. HughesSupreme Court of Arkansas · 1916
- Gross v. HomardSupreme Court of Arkansas · 1940