Legal Opinion

Johnston v. Conway

Supreme Court of Arkansas

Decided January 23, 1922PublishedCited by 9 opinions

Appeal from Miller Chancery Court; James D. Shaver, Chancellor; 1. The estimated cost of the improvement is a limit of liability upon the property in the district. C. & M. Digest, § § 5656, 5657; 134 Ark. 315, 319; 97 Id. 334, 342; 86 Id. 1; 115 Id. 96. 2. The assessment of benefits is a limitation upon the liability of the property in the district.

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Appeal from Miller Chancery Court; James D. Shaver, Chancellor; 1. The estimated cost of the improvement is a limit of liability upon the property in the district. C. & M. Digest, § § 5656, 5657; 134 Ark. 315, 319; 97 Id. 334, 342; 86 Id. 1; 115 Id. 96. 2. The assessment of benefits is a limitation upon the liability of the property in the district. C. & M. Digest, § § 5657, 5658; 86 Ark. 1, 7, 8, 9, 14, 21, 22; 97 Id. 334, 342; 127 Id. 341. There is nothing to show that the interveners are aggrieved. The allegation that they were taxpayers was in issue and was supported by no evidence.…

1Opinion of the CourtWoon, J.

The Board of Improvement District Nr 16 of the city of Texarkana filed its assessment of the cost of the work in the district showing the cost to be $15,000 and $4,500 for interest on bonds, making a total cost of $19,500. An assessment of benefits was made by the board of assessors of. the district, filed with the city council and duly levied against the property in the district. The benefits thus assesséd were $18,945. The improvement district expected the city to contribute $1,000 to pay the difference between the benefits assessed and the cost of the work. Everv piece of property in the…

2Cases cited6 opinions

  1. Kirst v. Street Improvement District No. 120Supreme Court of Arkansas · 1908
  2. McDonnell v. Improvement District No. 145Supreme Court of Arkansas · 1911
  3. Williams v. BennettSupreme Court of Arkansas · 1905
  4. Hadley v. BryanSupreme Court of Arkansas · 1902
  5. Mullins v. City of Little RockSupreme Court of Arkansas · 1917

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State Ex Rel. City of Miles v. Northern Pacific Railway Co.Montana Supreme Court · 1930
  2. Balasquide v. LujánSupreme Court of Puerto Rico · 1933
  3. Quinn v. Swift & Co.District Court, M.D. Pennsylvania · 1937
  4. Road Improvement District No. 3 v. MorrisSupreme Court of Arkansas · 1922
  5. Kelley Trust Co. v. Paving Dist. 46 of Ft. SmithSupreme Court of Arkansas · 1931

4 more not listed; retrieve them via the Exa API.

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