Legal Opinion

Kelley Trust Co. v. Paving Improvement District No. 47

Supreme Court of Arkansas

Decided March 21, 1932PublishedCited by 7 opinions

1Opinion of the Court

Hart, C. J.,

(after stating the facts). Numerous persons, who were citizens of Fort Smith and property owners in the proposed improvement district, joined in the suit and attacked the validity of the assessment of benefits on the ground that it was so excessive and discriminatory as to render it arbitrary and void. The burden was upon them as attacking the validity of the assessment as a whole to prove that it was made upon the wrong basis or that it was arbitrary and void. Turner v. Adams, 178 Ark. 67, 10 S. W. (2d) 41, and Lenon v. Street Improvement District No. 512, 181 Ark. 318, 26 S. W.…

2Cases cited8 opinions

  1. Ahern v. Board of Improvement District No. 3Supreme Court of Arkansas · 1901
  2. Stevens v. ShullSupreme Court of Arkansas · 1929
  3. Mullins v. City of Little RockSupreme Court of Arkansas · 1917
  4. Turner v. AdamsSupreme Court of Arkansas · 1928
  5. Little Rock v. BoulliounSupreme Court of Arkansas · 1926

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3Cited by7 opinions

  1. Page v. Highway 10, Water Pipe Line Improvement District No. 1Supreme Court of Arkansas · 1940
  2. Benton v. NowlinSupreme Court of Arkansas · 1933
  3. Sugarloaf Development Co. v. Heber Springs Sewer Improvement DistrictCourt of Appeals of Arkansas · 1991
  4. Gregory v. Consolidated Utilities, Inc.Supreme Court of Arkansas · 1932
  5. Southwest Power Pool, Inc. v. Kanis & Denny Roads Suburban Water Improvement District No. 349 of Pulaski County Ex Rel. HaasSupreme Court of Arkansas · 2016

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