Watson v. Boydstun
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Eastern District; Archer Wheatley, Chancellor; The demurrer of plaintiff should have been sustained. The “Monette” Act No. 68, Acts 1919, if constitutional, allows the commissioners to let a contract for an illegal and excessive assessment and the plans and specifications are illegal, unauthorized and void.
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Appeal from Craighead Chancery Court, Eastern District; Archer Wheatley, Chancellor; The demurrer of plaintiff should have been sustained. The “Monette” Act No. 68, Acts 1919, if constitutional, allows the commissioners to let a contract for an illegal and excessive assessment and the plans and specifications are illegal, unauthorized and void. Section Í4 of said Act 68 uses the words “last county assessment” and means for the year 1919, not 1918, and the assessment is excessive and void. The estimated cost of the improvement is less than 30 per cent, of the last comity assessment preceding…
1Opinion of the CourtMcCulloch, C. J.
The General Assembly of 1919 (regular session) enacted a statute creating a road improvement district designated as “Monette Road Improvement District,” composed of lands in Craighead County. Acts 1919, vol. 1, p. 105. The statute contains a description of the boundaries of the district, the route of the road to be improved, the names of the commissioners and the authority to construct the improvement, borrow money and levy and collect assessments on the benefits accruing to the lands in the district. The statute provides for a board of assessors to value the anticipated benefits. Section 14…
2Cases cited2 opinions
- McDonnell v. Improvement District No. 145Supreme Court of Arkansas · 1911
- Board of Improvement District No. 5 v. OffenhauserSupreme Court of Arkansas · 1907
3Cited by4 opinions
- Monette Road Improvement District v. DudleySupreme Court of Arkansas · 1920
- Stevens v. ShullSupreme Court of Arkansas · 1928
- Pickens v. BlackSupreme Court of Arkansas · 1994
- Selz v. McGehee East & West Highway DistrictSupreme Court of Arkansas · 1926