Summers v. Cole
Supreme Court of Arkansas
Appeal from Faulkner Chancery Court; Jordan Sellers, Chancellor; Section 6 of act No. 82, Acts 1920, is void, as it is contradictory to the terms of section 4 of the same act, and because it provides for an arbitrary and unjust assessment on the property of appellant. 125 Ark. 422; 130 Id. 410. The commissioners are attempting to exceed their authority. 1. There is no contradiction between § 4, act 82, Acts 1920, and § 6 of said.act.
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Appeal from Faulkner Chancery Court; Jordan Sellers, Chancellor; Section 6 of act No. 82, Acts 1920, is void, as it is contradictory to the terms of section 4 of the same act, and because it provides for an arbitrary and unjust assessment on the property of appellant. 125 Ark. 422; 130 Id. 410. The commissioners are attempting to exceed their authority. 1. There is no contradiction between § 4, act 82, Acts 1920, and § 6 of said.act. When read together, they provide a simple and effective scheme for paying the cost of a road the Legislature found to be necessary. 22 Ark. 369; 28 Id. 200; 30…
1Opinion of the CourtMcCulloch, C. J.
The General Assembly at the regular session of 1919 (Special Road Acts, vol. 1, p. 374), enacted a statute creating a road improvement district in Faulkner County, designated as the Damascus Road District of Faulkner County. ' The statute described the district and the road to be improved, and assessed the benefits on the land in the district by zones according to distance from the road to be constructed. The statute divided the district into zones and assessed the benefits at a percentage of the value of the land according to the assessment for State and county taxation purposes. The…
2Cases cited4 opinions
- Oliver v. WhittakerSupreme Court of Arkansas · 1916
- Ingle v. Batesville Grocery Co.Supreme Court of Arkansas · 1909
- McNair v. WilliamsSupreme Court of Arkansas · 1873
- West v. Cotton Belt Levee District No. 1Supreme Court of Arkansas · 1915
3Cited by9 opinions
- Kersh Lake Drainage District v. JohnsonSupreme Court of Arkansas · 1941
- Benton v. NowlinSupreme Court of Arkansas · 1933
- Phillips v. Tyronza & St. Francis Road Improvement DistrictSupreme Court of Arkansas · 1920
- Serkin v. Ocean Tp.New Jersey Superior Court Appellate Division · 1983
- Greer v. BlockerSupreme Court of Arkansas · 1951
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