Improvement District No. 1 v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Monroe Chancery Court: John M. Elliott, Chancellor; 1. While there was testimony on the part of appellee railway companies that the improvements would be no benefit to them except as to their depots, ’ cotton platforms, cars upon tracks, furnishing- water, sanitary conditions, etc., yet none testified that, even upon this basis, the assessment of benefits was excessive or inequitable.
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Appeal from Monroe Chancery Court: John M. Elliott, Chancellor; 1. While there was testimony on the part of appellee railway companies that the improvements would be no benefit to them except as to their depots, ’ cotton platforms, cars upon tracks, furnishing- water, sanitary conditions, etc., yet none testified that, even upon this basis, the assessment of benefits was excessive or inequitable. All the property of the railway companies in the district was subject to assessment of benefits. 68 Ark. 376, 380, 381. And this court has held that property is always benefited by local…
1Opinion of the CourtFrauenthal, J.
These were suits instituted by the appellees attacking the validity of the formation of an improvement district in the city of Clarendon for the purpose of constructing a waterworks, sewerage system and artesian well, and seeking to restrain the collection of assessments -made upon their property therefor. Under and in pursuance of sections 5665 et seq., of Kirby’s Digest, and laws amendatory thereof, the city council of the city of Clarendon laid off the entire city into one improvement district for the purpose of making the above improvement, and duty enacted and published an ordinance…
2Cases cited15 opinions
- Ogden City v. ArmstrongSupreme Court of the United States · 1897
- Mulligan v. SmithCalifornia Supreme Court · 1881
- Morse v. City of OmahaNebraska Supreme Court · 1903
- Ahern v. Board of Improvement District No. 3Supreme Court of Arkansas · 1901
- Moore v. Board of DirectorsSupreme Court of Arkansas · 1911
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Malvern v. NunnSupreme Court of Arkansas · 1917
- Colquitt v. StevensSupreme Court of Arkansas · 1914
- Dunbar v. Street Improvement District No. 1Supreme Court of Arkansas · 1927
- Gordon v. Street Improvement District No. 1Supreme Court of Arkansas · 1967
- Fry v. PoeSupreme Court of Arkansas · 1927
5 more not listed; retrieve them via the Exa API.