Board of Improvement of Waterworks Improvement District No. 22 v. Southwestern Gas & Electric Co.
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; 1. Plaintiff’s property being within the district, the presumption is conclusive that benefit will result, unless there is fraud or demonstrable mistake. 52 Ark. 107; 81 Ark. 208; 84 Ark. 257. Fraud ,and demonstrable mistake can only occur when assessments are levied on lands in disregard of benefits and by reason of manifest prejudice against the owner or in total disregard of his rights. 98 Ark. 543, 550. 2.…
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Appeal from Miller Chancery Court; James D. Shaver, Chancellor; 1. Plaintiff’s property being within the district, the presumption is conclusive that benefit will result, unless there is fraud or demonstrable mistake. 52 Ark. 107; 81 Ark. 208; 84 Ark. 257. Fraud ,and demonstrable mistake can only occur when assessments are levied on lands in disregard of benefits and by reason of manifest prejudice against the owner or in total disregard of his rights. 98 Ark. 543, 550. 2. An assessment based upon a percentage of the value of the property in an improvement district is not an arbitrary or…
1Opinion of the CourtMcCulloch, C. J.
The whole of the territory of the City of Texarkana, Arkansas, has been duly organized into an improvement district for the purpose of “acquiring, constructing and equipping a water plant and sys•tern” for supplying water to the inhabitants of the city. A majority of the owners in value of real property in the district petitioned the city council favoring the improvement, and after the board of improvement had been appointed and plans had been formed and estimates of the cost thereof made and filed with the city council, a board of assessors was appointed who assessed the benefits to real…
2Cases cited14 opinions
- Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Kirst v. Street Improvement District No. 120Supreme Court of Arkansas · 1908
- Ahern v. Board of Improvement District No. 3Supreme Court of Arkansas · 1901
- McDonnell v. Improvement District No. 145Supreme Court of Arkansas · 1911
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Missouri Pacific Railroad v. Conway County Bridge DistrictSupreme Court of Arkansas · 1918
- Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
- Bulloch v. Dermott-Collins Road Improvement DistrictSupreme Court of Arkansas · 1922
- Bush v. BransonCourt of Appeals for the Eighth Circuit · 1918
- Wilkinson v. St. Francis County Road Improvement District No. 1Supreme Court of Arkansas · 1919
4 more not listed; retrieve them via the Exa API.