City of Little Rock v. Board of Improvements
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. E. T. YaughaN, Circuit Judge. 1. Under sections five and fifteen of the act of March-22, 1881, entitled “An act to regulate the manner of assessing real property for local improvements in cities of the first class,” the city council are left without any discretion, and are compelled to levy a tax for such amount of estimated cost or deficiency as may be certified to them by the board of improvement, and thereby the taxing-power is made…
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APPEAL from Pulaski Circuit Court. Hon. E. T. YaughaN, Circuit Judge. 1. Under sections five and fifteen of the act of March-22, 1881, entitled “An act to regulate the manner of assessing real property for local improvements in cities of the first class,” the city council are left without any discretion, and are compelled to levy a tax for such amount of estimated cost or deficiency as may be certified to them by the board of improvement, and thereby the taxing-power is made subservient to the contracting power lodged in the board. In other words, the practical and necessary legal effect of…
1Opinion of the Court
EaiíIN, J.
The appellees were organized as a board of improvements for the city of Little Rock, under an act of the General Assembly, approved twenty-second of March, 1881, for regulating the manner of assessiug real property for local improvements of the first class.
By petition to the Circuit Court on the eighth of October, 1883, they represented that, under the provisions of the act, the city council had levied a tax on certain sewer districts of the city, numbered 2, 3 and 4; upon which the board had proceeded to construct sewers, and had exhausted the levy, leaving a deficiency; the amount…
2Cited by5 opinions
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
- Texarkana v. FriedellSupreme Court of Arkansas · 1907
- Craig v. Russellville Waterworks Improvement DistrictSupreme Court of Arkansas · 1907
- Palmer v. Town of FarmingtonNew Mexico Supreme Court · 1919
- Brown v. CheneySupreme Court of Arkansas · 1961