## Facts

- More than 150 qualified voters residing in the Wrightsville area petitioned to incorporate a town under Ark. Stat. Ann. § 19-101 et seq.
- While proceedings were pending, the proposed boundaries were revised; objected-to areas were deleted and an amended plat was submitted.
- The final proposed incorporated area was under two square miles, approximately 900 acres.
- Evidence showed substantial development within the proposed area, including about 410 houses, 25 businesses, seven churches, one school, one post office, and a population of about 919.
- The county court denied incorporation.
- On de novo appeal, the circuit court denied incorporation, finding (1) the amended petition did not satisfy Ark. Stat. Ann. §§ 19-101 and 19-106, (2) much of the area was agricultural or open/vacant and would not benefit from incorporation but would be taxed, and (3) the area was unreasonably large.

## Issues

1. Whether the amended incorporation petition satisfied the statutory requirements under Ark. Stat. Ann. §§ 19-101 and 19-106.
2. Whether the evidence supported the finding that a substantial part of the proposed area was agricultural or open/vacant land that would not benefit from incorporation.
3. Whether the evidence supported the finding that the proposed incorporated area was “unreasonably large” under Ark. Stat. Ann. § 19-106.

## Decision

- The Arkansas Supreme Court reversed the circuit court’s judgment denying incorporation.
- The court held the amended petition satisfied statutory petition requirements, including the qualified-voter threshold.
- The court held the record did not support treating the area as substantially agricultural/open/vacant land that would not benefit from incorporation.
- The court held the “unreasonably large” finding was unsupported after the boundary reductions, particularly given the final size (about 900 acres) and development and population.
- The case was resolved in favor of incorporation based on the statutory standards applied to the post-amendment record.

## Legal Principles

- A petition to incorporate satisfies Ark. Stat. Ann. § 19-101 when the required number of qualified voters residing within the described territory petition for incorporation.
- On appeal to circuit court under Ark. Stat. Ann. § 19-106, the court must apply statutory limits and may deny incorporation only if statutory disqualifiers are proven, including that the area is unreasonably large or that a substantial part is agricultural/open/vacant land that would not benefit from incorporation.
- Findings that an area is “unreasonably large” or that land will not benefit from incorporation must be supported by evidence addressing the territory as finally proposed, including its size, population, and development.

## Conclusion

The Arkansas Supreme Court reversed the denial of Wrightsville’s incorporation because the amended petition met statutory prerequisites and the evidence did not support findings that the final proposed area was unreasonably large or consisted substantially of land that would not benefit from incorporation.


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