Johns v. Road Improvement Districts
Supreme Court of Arkansas
Appeal from Bradley Chancery Court; E, G. Ham-mo ch, Chancellor; 1. Act 237, the Bradley County Road Act (1919). is unconstitutional and void and is governed by the decisions in 89 Ark. 513; 118 Id. 294, and not by the principles in 213 S. W. 762. 2. It arbitrarily leaves out lands in the central portion of the county and of the twin districts and lands are arbitrarily assessed, although distant from the road and not benefited. 48 Ark. 370; 130 Id. 70; 196 S. W. 931. The act…
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Appeal from Bradley Chancery Court; E, G. Ham-mo ch, Chancellor; 1. Act 237, the Bradley County Road Act (1919). is unconstitutional and void and is governed by the decisions in 89 Ark. 513; 118 Id. 294, and not by the principles in 213 S. W. 762. 2. It arbitrarily leaves out lands in the central portion of the county and of the twin districts and lands are arbitrarily assessed, although distant from the road and not benefited. 48 Ark. 370; 130 Id. 70; 196 S. W. 931. The act is discriminatory, as it omits certain tracts of lands in the heart of the district and includes others more remote.…
1Opinion of the CourtMcCulloch, C. J.
Appellants instituted this action below attacking the validity of an act of the General Assembly of 1919 (regular session), creating two improvement districts embracing contiguous territory for the purpose of improving certain roads in that county. Acts 1919, vol. 1, p. 898. The two districts are separately designated, and they are declared to be separate organizations with different commissioners. In other words, the two organizations are entirely separate in every respect, except that’ they were created by the same statute, which is in that respect similar to the statute which we upheld in…
2Cases cited9 opinions
- Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1909
- Sallee v. DaltonSupreme Court of Arkansas · 1919
- Heinemann v. SweattSupreme Court of Arkansas · 1917
- Bennett v. JohnsonSupreme Court of Arkansas · 1917
- Van Dyke v. MackSupreme Court of Arkansas · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Federal Construction Co. v. EnsignCalifornia Court of Appeal · 1922
- Carter v. Bradley County Road Improvement Districts 1 & 2Supreme Court of Arkansas · 1923
- Fulton Ferry & Bridge Co. v. BlackwoodSupreme Court of Arkansas · 1927
- Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
- Arkansas Foundry Co. v. StanleySupreme Court of Arkansas · 1921
9 more not listed; retrieve them via the Exa API.