Davies v. Chicot County Drainage District
Supreme Court of Arkansas
Appeal from Chicot Chancery Court; Z. T. Wood, Chancellor; STATEMENT BY THE COURT. This cause was submitted upon an agreed statement of facts from which it appears that the Chicot County Drainage District was created by a special act of the General Assembly, approved May 26, 1911, the same being Act No. 299. Section 12 of said act provided for the assessment of the drainage tax, and required that, upon the completion of said assessment, a notice thereof be published in some…
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Appeal from Chicot Chancery Court; Z. T. Wood, Chancellor; STATEMENT BY THE COURT. This cause was submitted upon an agreed statement of facts from which it appears that the Chicot County Drainage District was created by a special act of the General Assembly, approved May 26, 1911, the same being Act No. 299. Section 12 of said act provided for the assessment of the drainage tax, and required that, upon the completion of said assessment, a notice thereof be published in some newspaper for three weeks to the end that any land owner might file exceptions against his assessment. That said…
1Opinion of the Court
Smith, J.,
(after stating the facts). Appellant contends that the assessment and levy is void because the board gave no notice of the assessment, as required by section 12 of the act under which they were operating; and because a flat rate of seven cents per acre was levied when the act required the board to make the assessment according to benefits; and for the additional reason that said assessment was made for the purpose of paying for the survey and the expenses of the board, when they were only authorized to levy an assessment against the lands for the purpose of digging the drainage…
2Cases cited4 opinions
- Parsons v. District of ColumbiaSupreme Court of the United States · 1898
- Sudberry v. GravesSupreme Court of Arkansas · 1907
- Coffman v. St. Francis Drainage DistrictSupreme Court of Arkansas · 1907
- Board of Directors v. DunbarSupreme Court of Arkansas · 1913
3Cited by8 opinions
- Thibault v. McHaneySupreme Court of Arkansas · 1915
- Gibson v. SpikesSupreme Court of Arkansas · 1920
- Road Improvement Dist. No. 2 v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1921
- Fellows v. McHaneySupreme Court of Arkansas · 1914
- Burr v. Beaver Dam Drainage DistrictSupreme Court of Arkansas · 1920
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