White v. Lorings - 274 Ark. 272, 623 S.W.2d 837 (1981)

Rule:

Ark. Stat. Ann. § 19-106 provides for a hearing in circuit court when the decision of a county court is appealed. This statute provides that the matter may be heard in a summary manner, receiving answers, affidavits and proofs, as may be deemed pertinent. The statute provides that the court shall not approve the incorporated area if it finds: (1) that the area does not contain the requisite number of inhabitants; or, (2) that a majority have not signed the petition; or, (3) that the area is unreasonably large or unreasonably small; or, (4) that the lands are not properly and sufficiently described. 

Facts:

A petition to incorporate the town of Wrightsville pursuant to the provisions of Ark. Stat. Ann. § 19-101, et seq. (Repl. 1980) was rejected by the Pulaski County Court. The appeal to circuit court resulted in a trial de novo in which the petition was again rejected. On appeal to this court the appellants urged that (1) the trial court erred in holding that the amended petition did not satisfy the requirements of Ark. Stat. Ann. §§ 19-101 and 19-106; (2) the trial court erred in holding that much of the area proposed to be incorporated is agricultural or open and vacant and would not derive any benefit from incorporation, but would be subject to taxation; and, (3) the trial court erred in holding that the area proposed to be incorporated is unreasonably large.

Issue:

Did the trial court err in rejecting the petition to incorporate?

Answer:

Yes.

Conclusion:

The court noted that the trial court gave no other reason for its first finding. The court stated that in its second finding the trial court was taking into consideration the statutes which provided for annexation of territory to an already existing town, but there had never such provisions as to the original incorporation of towns and cities. The court stated that in considering an approximately two square mile area containing more than 900 people with its own post office, school, and over 400 other buildings, it was of the opinion that the area did not fall within the definition of "unreasonably large." Therefore, the trial court should have allowed the incorporation.