Earle Road Improvement District No. 6 v. Johnson
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court; Archer Wheatley, Chancellor; 1. The court erred in refusing to order a reassessment of benefits in the district. Act No. 55, Acts 1919, § 11, especially authorizes to reassessments of benefits not oftener than once a year, and more than a year has elapsed since benefits were assessed and defendants were justified in making the reassessment.
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Appeal from Crittenden Chancery Court; Archer Wheatley, Chancellor; 1. The court erred in refusing to order a reassessment of benefits in the district. Act No. 55, Acts 1919, § 11, especially authorizes to reassessments of benefits not oftener than once a year, and more than a year has elapsed since benefits were assessed and defendants were justified in making the reassessment. The court was misled by a misconstruction of the language used in 130 Ark. 418. See 98 Ark. 544; 133 Id. 119; 134 Id. 293; lb. 14; 213'S.'W. 775. There was no proof that the doubling of the old assessment was…
1Opinion of the CourtMcCulloch, C. J.
Act No. 55 of the regular session of the General Assembly of 1919 (Road Acts, volume 1, page 36) undertakes to cure the iregularities in the organization, under general statutes with reference to road improvement districts (act No. 338, session of 1915) of a road district in Crittenden County, designated as Earle Road Improvement District No. 6 of Crittenden County, and certain other districts in that county and to validate said organizations. The same statute also-created three other districts and provided a complete scheme for the assessment of benefits and the construction of the…
2Cases cited2 opinions
- Missouri Pacific Railroad v. Izard County Highway Improvement District No. 1.Supreme Court of Arkansas · 1920
- Faver v. WayneSupreme Court of Arkansas · 1918
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- Drainage District 18, Craighead Cty. v. McMeenSupreme Court of Arkansas · 1931
- Durand v. Middle Rio Grande Conservancy Dist.New Mexico Supreme Court · 1941
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