Oates v. Cypress Creek Drainage District
Supreme Court of Arkansas
Appeal from Perry Circuit Court; G. W. Hendricks, Judge; 1. The assessment of benefits made by the assessors is void, being a violation of the constitutional and statutory provisions requiring equality and uniformity of assessment because of the different methods used and the arbitrary manner of making same. The assessments were arbitrary and without regard to benefits. Three different methods of assessing benefits were made.
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Appeal from Perry Circuit Court; G. W. Hendricks, Judge; 1. The assessment of benefits made by the assessors is void, being a violation of the constitutional and statutory provisions requiring equality and uniformity of assessment because of the different methods used and the arbitrary manner of making same. The assessments were arbitrary and without regard to benefits. Three different methods of assessing benefits were made. The methods must be uniform and the same basis fixed for all. 32 Ark. 38. Uniformity and equality according to benefits must be had. 48 Ark. 252; lb. 383; 49 Id. 202; 52…
1Opinion of the CourtHumphreys, J.
This is an appeal by about forty property owners and the Chicago, Rock Island & Pacific Railway Company from the circuit court of Perry County, attacking the validity of the organization and assessment of benefits on their lands in the Cypress Creek Drainage District in Conway and Perry Counties, Arkansas. The district, as organized, contains 18,000 acres of land lying in the two counties.
It is contended that the orders organizing the district were made by the circuit court when not legally in session. An examination of the complete record of the proceedings shows that all court orders for…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- Butler v. Board of Directors of Fourche Drainage DistrictSupreme Court of Arkansas · 1911
- St. Louis & San Francisco Railroad v. Fort Smith & Van Buren Bridge DistrictSupreme Court of Arkansas · 1914
- Memphis Land & Timber Co. v. St. Francis Levee DistrictSupreme Court of Arkansas · 1897
3Cited by7 opinions
- Lessenberry v. Little Rock-Pulaski Drainage District No. 2Supreme Court of Arkansas · 1947
- Burton v. HarrisSupreme Court of Arkansas · 1941
- Reisinger v. Road Improvement District No. 8Supreme Court of Arkansas · 1920
- Pendleton v. Stuttgart & King's Bayou Drainage & Irrigation Dist. No. 1Supreme Court of Arkansas · 1962
- Sloan v. Village Creek Drainage DistrictSupreme Court of Arkansas · 1926
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