Legal Opinion

Rogers v. Arkansas-Louisiana Highway Improvement District

Supreme Court of Arkansas

Decided June 30, 1919PublishedCited by 11 opinions

Appeal from Desha Chancery Court; E. G. Hammock, Chancellor; 1. The assessments of benefits are unequal, not uniform and excessive. 2. Many lands are not benefited at all. 3. The assessments are out of proportion to and in excess of benefits. Hence the assessment is illegal and void. 98 Ark. 113; 103 Id. 127; 108 Id. 419; 113 Id. 493. See also 14 Ark. 2i86; 31 Id. 557; 35 Id. 169; 60 Id. 409. The assessments were valid and made according to law.

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Appeal from Desha Chancery Court; E. G. Hammock, Chancellor; 1. The assessments of benefits are unequal, not uniform and excessive. 2. Many lands are not benefited at all. 3. The assessments are out of proportion to and in excess of benefits. Hence the assessment is illegal and void. 98 Ark. 113; 103 Id. 127; 108 Id. 419; 113 Id. 493. See also 14 Ark. 2i86; 31 Id. 557; 35 Id. 169; 60 Id. 409. The assessments were valid and made according to law. The presumption is that they are valid, and there is no showing to the contrary. 99 Ark. 508; 84 Id. 257; 94 Id. 563; 197 U. S. 430-433. The amount…

1Opinion of the CourtSmith, J.

Appellants are owners of lands lying in the Arkansas-Louisiana Highway Improvement District, and pursuant to section 13 of the act creating that district filed suits in the chancery court of the county in which their lands are located to have their assessments revised. The interests of these complaining land owners are not identical, and they have attacked their assessment on different grounds. Indeed, to grant relief to some of them on the grounds assigned would result in denying relief to others. For instance, certain of these landowners say that the assessment of benefits should be levied…

2Cases cited1 opinion

  1. Missouri Pacific Railroad v. Monroe County Road Improvement DistrictSupreme Court of Arkansas · 1919

3Cited by11 opinions

  1. Commissioners of Road Improvement District No. 2 v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1922
  2. Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
  3. Bulloch v. Dermott-Collins Road Improvement DistrictSupreme Court of Arkansas · 1922
  4. Wilkinson v. St. Francis County Road Improvement District No. 1Supreme Court of Arkansas · 1919
  5. Ford v. Plum Bayou Road Improvement DistrictSupreme Court of Arkansas · 1924

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