Ivy v. Edwards

• Decision Date: 17 October 1927
• Docket Number: (No. 237.)
• Citation: 298 S.W. 1006
• Parties: IVY v. EDWARDS, County Judge, et al.
• Court: Arkansas Supreme Court

298 S.W. 1006

IVY v. EDWARDS, County Judge, et al.

(No. 237.)

Supreme Court of Arkansas.

October 17, 1927.

Appeal from Benton Chancery Court; Lee Seamster, Chancellor.

Suit by W. T. Ivy against W. R. Edwards, County Judge, and others. Complaint was dismissed, and plaintiff appeals. Affirmed.

Jeff R. Rice, of Bentonville, for appellant.

HUMPHREYS, J.

This suit was brought in the chancery court of Benton county by appellant, a resident citizen and real estate property owner in said county, to enjoin W. R. Edwards, county judge of said county, and his successors, and appellees Joe Beasley, W. E. Patton, and Kit Phillips, as commissioners of public buildings in said county, and their successors, from making any contract or taking any further steps toward carrying out the resolutions of the quorum court to build a new courthouse. The questions necessary to a determination of the issues involved on this appeal are, in substance, as follows:

"(1) The quorum court, at its regular term in October, 1926, made separate specific levies in mills for six county purposes, aggregating 3 3/8 mills, and a levy of 1 5/8 mills for general county purposes.

"(2) A motion was then passed directing the county judge and a committee to be appointed by him from members of the quorum court to make investigation of the question of remodeling the present courthouse or building a new one, and to report to the quorum court at an adjourned term to be held.

"(3) This committee was appointed by the county judge, and made the investigation and filed its report at said adjourned term. The report, in substance, stated that the courthouse was in such bad condition that it could not be remodeled; that it was necessary to build a new courthouse; that a new courthouse, fireproof, and modern, and of sufficient size and capacity to meet the needs of the county for a great many years, could be built for approximately $200,000, and that such an amount could be appropriated and paid out of the 5-mill levies for general county purposes, leaving sufficient revenue to take care of the general county expenses, and that the county would get out of debt from the levies already made for the fiscal year 1927. The committee recommended that a new courthouse be built.

"(4) The quorum court at such adjourned term, December 1, 1926, took up for consideration and action the matter of making an appropriation and levy for the building of a new courthouse, to be paid for out of successive levies to be made in the year 1927 and the following years, and authorized the building of a new courthouse, and adopted the following resolution and order:

"Whereas, the quorum court has under consideration the necessity of building a courthouse for Benton county, and the issuance of not exceeding $200,000 of noninterest-bearing warrants of the county for said purposes; and,

"Whereas, it is deemed to be to the best interests of the county that provision be made for the issuance of said warrants by the levying of a tax to pay them as they mature; and,

"Whereas, it has been calculated that the amount of money necessary to pay said warrants as they mature in 20 installments of $10,000 each will be realized by levying a tax of 1 mill;

"Be it ordered, adjudged, and decreed by the quorum court of Benton county, Arkansas:

"That a tax of ($.0001) mill on the dollar of the assessed value of all taxable property within the said county is hereby levied to pay the installments of said warrants, in the total amount of not exceeding $200,000, maturing serially $10,000 per year for 20 years, beginning in the year 1928; that, during each of the years while any of said warrants are outstanding and unpaid thereon there shall be calculated the amount of money necessary during each of said years to pay the current installment maturing during said years, and a tax at a rate sufficient to raise said sum of money shall be levied by the quorum court, and shall be assessed and collected during each of said years, and is hereby ordered levied and is levied in so far as this court is authorized to do so, and said money when collected shall be used for the purpose named and for no other purpose; and the full faith and credit of Benton county is hereby pledged for the payment of the same in the several amounts and in the successive years above stated.

"(5) Thereafter the following proceedings were had and done in the county court.

"(a) A finding and adjudication that the present courthouse is old and dilapidated and dangerous, and does not afford sufficient room and conveniences for the transaction of the orderly business of the county, that it is necessary and expedient to build a new courthouse as provided for in the resolution and order of the quorum court, and ordered that a new courthouse be built, and appointed Joe Beasley, W. E. Patton, and Kit Phillips as building commissioners, and directed them to determine whether it was necessary to select and purchase ground as a site therefor, and, if found necessary, to select and purchase such site and make a report to the court, and after such purchase should be approved, to proceed with the building of the courthouse.

"(b) The commissioners reported to the court that they had determined that it was necessary to procure a new site, and that they had selected and purchased such a site, located on the east side of the public square at Bentonville.

"(c) The county court approved and confirmed the findings of the commissioners and ratified and approved their selection and purchase of a new site.

"(d) The commissioners also employed A. O. Clarke as architect and made a contract with him, and his selection and the contract made with him were approved by the county court.

"The architect submitted plans and specifications for the building of the courthouse, which were approved by the commissioners and the county court, and the commissioners were ordered to proceed to let a contract for the building as provided by law.

"(6) The report made by the committee to the adjourned term of the quorum court, which is an exhibit to the complaint, shows that they held a number of meetings and had before them a number of architects, who examined the present courthouse and who submitted proposed plans for a new courthouse and estimated costs, and one submitted a plan of remodeling the old courthouse, with estimated cost thereof, and all were of the opinion that it was not practicable or advisable to attempt to remodel the old courthouse. The court details the reasons on which the opinions are based, also details of proposed plans for a new...