Board of Improvement District No. 5 v. Offenhauser
Supreme Court of Arkansas
Appeal from Miller .Chancery Court; James D. Shaver, Chancellor; 1. There is no evidence to support the finding that there was an ordinance, requiring property owners within 300 feet of a sewer to connect, and that defendants connected. The amounts paid weré voluntary contributions for their own private benefit.
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Appeal from Miller .Chancery Court; James D. Shaver, Chancellor; 1. There is no evidence to support the finding that there was an ordinance, requiring property owners within 300 feet of a sewer to connect, and that defendants connected. The amounts paid weré voluntary contributions for their own private benefit. But the ordinance is in conflict with Kirby’s Digest, § 5726, and void. 2. The burden of proof is on appellees. 68 Ark. 376. 3. The power of a city to build sewers is not affected by the fact that parties charged with a special tax for constructing sewer already have a sewer built.…
1Opinion of the CourtMcCueeoch, J.
This is a suit in chancery instituted by the Board of Improvement of Improvement District No. 5 of the city of Texarkana against the owners of certain real property in the district to enforce the collection of special assessments levied thereon.
The property owners defended against the assessments on the several grounds discussed herein, and the court rendered a final decree in their favor dismissing the complaint for want of equity, from which decree the plaintiff prosecuted this appeal.
1. It is first contended by the appellees that the petition to the city council praying that the…
2Cases cited10 opinions
- St. Louis Southwestern Railway Co. v. Board of DirectorsSupreme Court of Arkansas · 1907
- Coffman v. St. Francis Drainage DistrictSupreme Court of Arkansas · 1907
- Little Rock v. KatzensteinSupreme Court of Arkansas · 1889
- Kansas City, Pittsburg & Gulf Railway Co. v. Waterworks Improvement District No. 1Supreme Court of Arkansas · 1900
- Lenon v. BrodieSupreme Court of Arkansas · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lee Wilson & Co. v. William R. Compton Bond & Mortgage Co.Supreme Court of Arkansas · 1912
- Board of Improvement of Sewer Improvement District No. 1 v. PollardSupreme Court of Arkansas · 1911
- Boles v. KelleySupreme Court of Arkansas · 1909
- Chapman & Dewey Land Co. v. WilsonSupreme Court of Arkansas · 1909
- Cowles v. School District No. 88Supreme Court of Kansas · 1913
15 more not listed; retrieve them via the Exa API.