Lee Wilson Co. v. Osceola & Little River Road Improvement District No. 1
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; S. C. Costen, Special Judge; 1. The whole proceeding is void under the decision in 123 Ark. 205. No plans or specifications were procured from the State Highway Commission. 2. The whole assessment of benefits is void because made arbitrarily and without any reference to the actual benefits to accrue. 59 Ark. 536; 64 Ark. 258. 3. The cost of improvement exceeds the statutory limit of indebtedness. 119 Ark. 198. 4. The…
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Appeal from Mississippi Circuit Court, Osceola District; S. C. Costen, Special Judge; 1. The whole proceeding is void under the decision in 123 Ark. 205. No plans or specifications were procured from the State Highway Commission. 2. The whole assessment of benefits is void because made arbitrarily and without any reference to the actual benefits to accrue. 59 Ark. 536; 64 Ark. 258. 3. The cost of improvement exceeds the statutory limit of indebtedness. 119 Ark. 198. 4. The cost exceeds the aggregate of the benefits. 73 Ark. 526. 5. Extravagant fees were allowed and paid engineers and…
1Opinion of the CourtWood, J.
This is an appeal from a judgment of the circuit court confirming the assessment of benefits to land owners in appellee district and ordering a levy of taxes to meet the cost of the improvement.
(1-2-3) 1. Appellants contend that the organization of the appellee district was void because there were no preliminary surveys, plans, specifications and estimates of the road proposed to be constructed and improved, as required by section 1 (B) of Act 338, Acts 1915, pp. 1400-4. This was held in Lamberson v. Collins, 123 Ark. 205, to be a prerequisite to the organization of the district. Appellants…
2Cases cited1 opinion
- Lamberson v. CollinsSupreme Court of Arkansas · 1916
3Cited by7 opinions
- Banks v. Clover Leaf Casualty Co.Missouri Court of Appeals · 1921
- Kansas City Southern Railway Co. v. Road Improvement District No. 6Supreme Court of Arkansas · 1919
- Turner v. AdamsSupreme Court of Arkansas · 1928
- Desha Road Improvement District No. 2 v. StroudSupreme Court of Arkansas · 1922
- Missouri Pacific Railroad v. Conway County Bridge DistrictSupreme Court of Arkansas · 1920
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