Vietz v. Hazen, Lagrue & Slovak Road Improvement District
Supreme Court of Arkansas
Appeal from Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; 1. The act is invalid for many reasons.
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Appeal from Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; 1. The act is invalid for many reasons. The defendant’s demurrer was to an entire paragraph in which both the question of due process and the land owner acting as assessor are raised; if either one was well taken then the demurrer should not have been sustained. 32 Ark. 131; 37 Id, 34. 2. The act is unconstitutional because (1) it authorizes the commissioners to pay the expenses of preparing the act itself and attorney’s fees, which is against public policy. 6 Corpus Juris 737; (2) the bill for the act was not…
1Opinion of the CourtMoCULLOCH, C. J.
This is an action instituted in the chancery court of Prairie County attacking the validity of a special statute enacted by the General Assembly of 1919 creating a road improvement district in Prairie County. Act No. 107, session of 1919.
Appellant owns property in the district, and, in addition to the attack on the validity of the statute, he challenges the legality and fairness of the assessment of benefits made by the commissioners. The cause was heard upon oral testimony and there was a decree entered by the chancery court dismissing the cause for want of equity. Another property owner in…
2Cases cited5 opinions
- McCarter v. NeilSupreme Court of Arkansas · 1887
- Ballard v. HunterSupreme Court of Arkansas · 1905
- McClelland v. PittmanSupreme Court of Arkansas · 1919
- Greenstreet v. ThorntonSupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. Maple Slough Drainage DistrictSupreme Court of Arkansas · 1919
3Cited by6 opinions
- Pinkert v. LambSupreme Court of Arkansas · 1949
- Oliver v. GannSupreme Court of Arkansas · 1931
- Security Mortgage Co. v. HerronSupreme Court of Arkansas · 1927
- Covington v. ShacklefordSupreme Court of Arkansas · 1953
- Wood v. GordonSupreme Court of Arkansas · 1944
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