A.C.A. § 14-284-203 (Supp. 2007). See also, Hannah v. Deboer, 311 Ark. 215, 843 S.W.2d 800 (1992). The formation of a district by the quorum court, as authorized by subdivision (1) above, is governed by A.C.A. § 14-284-204, which provides in pertinent part as follows:
Third, even if neither of the avenues of redress above constitute the applicable procedure, and a legal action to challenge the incorporation is not time-barred under those provisions, it is stated as a general matter that notice requirements are mandatory if challenged prior to an election, but directory if challenged after an election. See, e.g., Hannah v. Deboer, 311 Ark. 215, 843 S.W.2d 800 (1992) (allegation that fire improvement district petition did not include required statutory notice could not succeed because notice requirement become directory rather than mandatory after the election and there was no real prejudice because substantial notice was given). The Hannah court cited with approval the following language: "The courts hold that `the voice of the people is not to be rejected for a defect or want of notice, if they have in truth been called upon and have spoken.'"
This is in response to your request for an opinion concerning the power of the Faulkner County Quorum Court to revise by ordinance the boundaries of the Beaverfork Fire Protection District ("District") to exclude an area within the District which has been annexed by the City of Conway but which previously lay outside the City. Your question, restated, is as follows: It is my understanding that the District was created by an election under A.C.A. § 14-284-205 (1987), in December, 1991. The Arkansas Supreme Court has upheld establishment of the District in Hannah v. DeBoer, 311 Ark. 215, 843 S.W.2d 800 (1992). May a quorum court alter by ordinance the boundaries of a fire protection district created by election to resolve conflicts between state law and the coverage area of the district as to an area within the district as established, but later annexed by a city?