Legal Opinion

Missouri Pacific Railroad v. Conway County Bridge District

Supreme Court of Arkansas

Decided May 13, 1918PublishedCited by 25 opinions

Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. This suit was properly brought under the Act No. 71,1917, § 7. It raised properly all objections to the validity of the act and the method of assessing benefits and that the assessment was unreasonable and excessive. It was reversible error to sustain the demurrer as to all questions except the reasonableness of the assessments. 96 Ark. 540; 94 Id.

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Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. This suit was properly brought under the Act No. 71,1917, § 7. It raised properly all objections to the validity of the act and the method of assessing benefits and that the assessment was unreasonable and excessive. It was reversible error to sustain the demurrer as to all questions except the reasonableness of the assessments. 96 Ark. 540; 94 Id. Ill; 76 Id. 423; 77 Id. 379. 2. There was error in the method of assessing the benefits and the assessment was unreasonable and excessive and not made according to law. There was not…

1Opinion of the CourtMcCULLOCH, C. J.

The General Assembly of 1917 enacted a special statute creating an improvement district covering the whole of Conway County for the purpose of constructing a bridge across the Arkansas River at a certain point in that county. Acts 1917, p. 314. The statute creates a board of commissioners to manage the affairs of the district and to provide for the construction of the improvement, and that board is in turn authorized by the statute to appoint a board of assessors “to assess the value of the benefits which will accrue to each piece of real property within said district, and also to all…

2Cases cited6 opinions

  1. St. Louis & San Francisco Railroad v. Fort Smith & Van Buren Bridge DistrictSupreme Court of Arkansas · 1914
  2. Drew County Timber Co. v. Board of EqualizationSupreme Court of Arkansas · 1916
  3. Huddleston v. CoffmanSupreme Court of Arkansas · 1909
  4. Board of Improvement of Waterworks Improvement District No. 22 v. Southwestern Gas & Electric Co.Supreme Court of Arkansas · 1915
  5. Phillips County v. Lee CountySupreme Court of Arkansas · 1879

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Jones v. ReedSupreme Court of Arkansas · 1979
  2. McKinley, Comm'r of Lab. v. Payne Son Lbr.Supreme Court of Arkansas · 1940
  3. Sharum v. MeriwetherSupreme Court of Arkansas · 1923
  4. Fort Smith Light & Traction Co. v. BourlandSupreme Court of Arkansas · 1923
  5. Civil Service Commission of Van Buren v. MatlockSupreme Court of Arkansas · 1943

20 more not listed; retrieve them via the Exa API.

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