Payne v. Road Improvement District No. 1
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James 8. Steel, Judge; By thé judgment of tbe county court it was adjudged that none of tbe lands described in certain sections would be benefited. This order was entered by consent.
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Appeal from Howard Circuit Court; James 8. Steel, Judge; By thé judgment of tbe county court it was adjudged that none of tbe lands described in certain sections would be benefited. This order was entered by consent. This judgment is conclusive of tbe matters there settled. 107 Ark. 41; 76 Ark. 423. The Legislature could not validate the acts of a board of assessors fixing assessments ■where there are no benefits. 119 Ark. 198. The special finding that these lands are not benefited is in an irreconcilable conflict with the finding that they are liable. The special finding of fact should…
1Opinion of the CourtMcCulloch, C. J.
Appellants are owners of separate tracts of land within the boundaries of Road Improvement District No. 1 of Howard County, and they appeared in the county court and made objections to the assessment of benefits on said lands. There are two of the cases in which a protest was filed, and in each case the, county court found that none of the lands of appellants would be benefited by, the construction of the improvement and. annulled the assessment of benefits thereon. The commissioners of the district prosecuted an appeal to the circuit court in each case, and in that court the two cases were…
2Cases cited1 opinion
- St. Louis & San Francisco Railroad v. Fort Smith & Van Buren Bridge DistrictSupreme Court of Arkansas · 1914
3Cited by7 opinions
- Bonilla v. StateCourt of Criminal Appeals of Texas · 1928
- Bacon v. Road Improvement District No. 1Supreme Court of Arkansas · 1923
- Burton v. HarrisSupreme Court of Arkansas · 1941
- Taylor v. Board of Commissioners of Cache River Drainage District No. 2Supreme Court of Arkansas · 1922
- Kansas City Southern Railway Co. v. Road Improvement District No. 3Supreme Court of Arkansas · 1922
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