Cernauskas v. Fletcher, 4-8204.

Decision Date12 May 1947
Docket NumberNo. 4-8204.,4-8204.
Citation201 S.W.2d 999
CourtArkansas Supreme Court

Brooks Bradley, of Little Rock, for appellant.

Sherrill, Cockrill and Wills, of Little Rock, for appellee.

McHANEY, Justice.

Appellee, as Catholic Bishop, of the Diocese of Arkansas, is the owner of Block 299, Original City of Little Rock. It is bounded on the North by Garland street, on the East by Cross, on the South by Markham and on the West by Pulaski. This block has never been platted into lots. An alley-way runs east and west through the middle of said block, but there are no abutting improvements on said alley. Appellant resides on the west side of Pulaski street, between Markham and Garland, and he has used said alley for many years as a convenient, but not necessary passage way to get to and from his property in his automobile. While Pulaski street is not available to him from Markham, due to a deep cut in Markham as it goes West to the Union Depot, it is available to him from Garland.

At appellee's instance, the Little Rock City Council, on August 6, 1946, passed Ordinance No. 7087, closing said alley. The ordinance recites that a manufacturing concern desires a location in the city of a size sufficient to house its various branches and that the owner of Block 299 is willing to construct a building thereon of sufficient size to accommodate the business of said concern, provided said alley is closed so that a large enough building may be constructed to accommodate said concern. Later Ordinance No. 7147 was passed which reclassified said property to that of class "K" Heavy Industrial District.

Appellant brought this action to enjoin appellee from closing said alley. The complaint alleged the facts set out above and also that appellee's petition to close said alley was not filed in accordance with Act 17 of 1945, in that the petition did not have attached a certified or photostatic copy of any plat showing said alley to be vacated. It further alleged that no plat of said property has ever been filed in the recorder's office of Pulaski County. Also that he had a prescriptive right thereto. Appellee demurred to the complaint. The court sustained the demurrer and, appellant electing to stand on his complaint, it was dismissed for want of equity. Hence this appeal.

We think the court correctly sustained the demurrer. Act 17 of 1945 has no application here. By it, cities of the first and second class and incorporated towns, in section 1, are "given power and authority to vacate public streets and alleys * * * under the conditions and in the manner herein provided". One of the conditions set out in Section 2 is that the owner of the property has dedicated a portion thereof to the public use as streets or...

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10 cases
  • City of Little Rock v. Linn
    • United States
    • Arkansas Supreme Court
    • 30 Septiembre 1968
    ...a property owner had used as a convenient but not necessary passageway to and from his property was sustained in Cernauskas v. Fletcher, 211 Ark. 678, 681, 201 S.W.2d 999. We cannot say that the finding of the chancellor on the conflicting testimony on this point is against the preponderanc......
  • United States v. Fitzgerald
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 15 Octubre 2018
    ...the typist, left out the usual words ‘in conflict herewith,’ which we will [infer] by necessary construction." Cernauskas v. Fletcher , 211 Ark. 678, 201 S.W.2d 999, 1000 (1947) ; see also Reading Law at 236–37 (discussing the case as an example of when the Absurdity Doctrine properly appli......
  • Cox v. Laycock
    • United States
    • Utah Supreme Court
    • 30 Enero 2015
    ...of a statute [would] lead to a patently absurd result that no rational legislature could have intended”); Cernauskas v. Fletcher, 211 Ark. 678, 201 S.W.2d 999, 1000 (1947) (refusing to read literally a provision which read “[a]ll laws and parts of laws, and particularly Act 311 of the Acts ......
  • Freeze v. Jones
    • United States
    • Arkansas Supreme Court
    • 12 Julio 1976
    ...Risser v. City of Little Rock, 225 Ark. 318, 281 S.W.2d 949, cert. den. 350 U.S. 965, 76 S.Ct. 433, 100 L.Ed. 838; and Cernauskas v. Fletcher, 211 Ark. 678, 201 S.W.2d 999. See also City of Little Rock v. Linn, The city challenged the standing of appellees to bring the action. Appellee Harv......
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