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defendantdamagescorporation
damagespleacorporationappellant

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Lewis v. A. Hirsch & Co., 192 Ark. 209, 90 S.W.2d 976

Facts

The town of Marvell had a fire ordinance requiring buildings in a restricted area to have outer walls made of brick and mortar or stone and mortar. W. W. Lewis, a taxpayer, filed a suit against A. Hirsch & Co., Inc., claiming they were about to construct a building in violation of this ordinance. The defendants admitted to the violation but claimed they had obtained a permit from the mayor and city council. The court found that Lewis had no standing to bring the suit as he did not own property or show any damages.

The appellant did not claim to own any property, and did not claim either in his pleading or evidence that he was damaged in any way.

Issue

Did W. W. Lewis have the standing to bring a suit to enforce the municipal fire ordinance against A. Hirsch & Co., Inc.?

Did W. W. Lewis have the standing to bring a suit to enforce the municipal fire ordinance against A. Hirsch & Co., Inc.?

Rule

A taxpayer must show that he suffers special damages and has no adequate remedy at law to bring a suit to enjoin a municipal corporation from violating an ordinance.

1 Before a taxpayer, as such, can bring a suit to enjoin a municipal corporation, he must show that he suffers special damages, and he must show that he has no adequate remedy at law.

Analysis

The court analyzed whether Lewis had standing to sue based on the requirement that a taxpayer must demonstrate special damages and lack of an adequate legal remedy. Since Lewis did not own property in the town and did not claim to be damaged, the court concluded that he did not meet the necessary criteria to bring the suit.

The court analyzed whether Lewis had standing to sue based on the requirement that a taxpayer must demonstrate special damages and lack of an adequate legal remedy.

Conclusion

The court affirmed the dismissal of Lewis's complaint, ruling that he lacked the authority to bring the suit as he did not demonstrate any special injury or ownership of property.

The decree is affirmed.

Who won?

A. Hirsch & Co., Inc. prevailed in the case because the court found that W. W. Lewis did not have standing to bring the suit due to his lack of property ownership and failure to show any special damages.

The court held that the appellant was without authority to bring this suit; that appellant had a full and adequate remedy at law, and his complaint was dismissed.

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