Legal Opinion

Summers v. Conway & Damascus Road Improvement District

Supreme Court of Arkansas

Decided June 23, 1919PublishedCited by 5 opinions

Appeal from Faulkner Chancery Court; J or dcm Sellers, Chancellor; STATEMENT OP PACTS. ' By Act No. 148, approved March 1, 1919, the Legislature passed an act creating an improvement district for the purpose of improving and constructing a hard-surfaced road from a point in the city of Conway to Damascus, a distance of twenty-two miles, all in Faulkner County, Arkansas.

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Appeal from Faulkner Chancery Court; J or dcm Sellers, Chancellor; STATEMENT OP PACTS. ' By Act No. 148, approved March 1, 1919, the Legislature passed an act creating an improvement district for the purpose of improving and constructing a hard-surfaced road from a point in the city of Conway to Damascus, a distance of twenty-two miles, all in Faulkner County, Arkansas. Road Acts of 1919, vol. 1, p. 374. J. I. Summers, a taxpayer and property owner in the proposed district, filed a complaint in the chancery court to enjoin the commissioners of the district from issuing bonds under the…

1Opinion of the Court

HAET, J.,

(after stating the facts). The plaintiff alleges the act to be unconstitutional and void on various grounds, all of which have been decided against him by the recent decisions of this court. Therefore we will proceed to state his grounds of complaint and cite without additional discussion the cases, or some of them, which have put at rest the contentions now made by the plaintiff.

1. It is contended that the land of the plaintiff will receive practically no benefit from the proposed improvement because his land lies one and one-fourth miles from the road.

Section 4 of the act…

2Cases cited8 opinions

  1. Sallee v. DaltonSupreme Court of Arkansas · 1919
  2. Moore v. Board of DirectorsSupreme Court of Arkansas · 1911
  3. Bennett v. JohnsonSupreme Court of Arkansas · 1917
  4. Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
  5. Reitzammer v. Desha Road Improvement District No. 2Supreme Court of Arkansas · 1919

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. House v. Road Improvement District No. 2Supreme Court of Arkansas · 1923
  2. Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
  3. Pierce v. Drainage District No. 17Supreme Court of Arkansas · 1922
  4. Thompson v. MannSupreme Court of Arkansas · 1923
  5. Caldarera v. Little Rock-Pulaski Drainage District No. 2Supreme Court of Arkansas · 1949

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