Osborne v. Board of Improvement of Paving District No. 5
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; I. V. Bourlcmd, Chancellor; The action of the council in including property and assessing it is only prima facie evidence that it is included and benefited. 52 Ark. 107; 84 Ark. 257. The council’s findings are only conclusive when the statute makes them so. 2 Dill. Mun.
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Appeal from Sebastian Chancery Court; I. V. Bourlcmd, Chancellor; The action of the council in including property and assessing it is only prima facie evidence that it is included and benefited. 52 Ark. 107; 84 Ark. 257. The council’s findings are only conclusive when the statute makes them so. 2 Dill. Mun. Corp. 800; 117 U. S. 683. A law must be interpreted in favor of the citizen when burdens not known to the common law are imposed. 71 Ark. 556. The same territory cannot legally be made part of two levee districts and subjected to levee taxes in both. 37 Da. Ann. 538; 1 Cooley, Tax. 394; 19…
1Opinion of the CourtMcCueeoch, C. J.
The Board of Improvement of Paving District No. 5 of Fort Smith, an improvement district organized for the pui'poses which its name indicates, instituted this suit in the chancery court of Sebastian County, Fort Smith District, against defendants Osborne and certain other owners of real property in said district, to enforce payment of special assessments levied on the property. The complaint is in conforxnity with the special provisions of the statute respecting such suits. Kirby’s Dig., § 5691 et seq. The defendants answered, and on hearing the cause the court rendered a final decree for…
2Cases cited3 opinions
- Kirst v. Street Improvement District No. 120Supreme Court of Arkansas · 1908
- Foreman v. Town of MariannaSupreme Court of Arkansas · 1884
- Boles v. KelleySupreme Court of Arkansas · 1909
3Cited by12 opinions
- Mears v. HallSupreme Court of Arkansas · 1978
- Worth v. Benton County Circuit CourtSupreme Court of Arkansas · 2002
- Nowlin v. KreisSupreme Court of Arkansas · 1948
- Ex Parte LewisCourt of Criminal Appeals of Oklahoma · 1930
- Kelley Trust Co. v. Paving Dist. 46 of Ft. SmithSupreme Court of Arkansas · 1931
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