134 Ark. 315 | Ark. | 1918
Appellant instituted suit against appellees on the 13th day of September, 1913, in the Drew chancery court assailing the organization and assessment of benefits of Waterworks Improvement District No. 1, in Tillar, Arkansas, alleging that a majority in value of the property owners did not petition the city council for the district; that the board of commissioners did not furnish the council with plans for and estimates of the cost of the improvement; that the assessment of the property in the district was not based on benefits to the property; that the assessment against appellant’s property was excessive; and that the contemplated improvements could in no way benefit appellant’s property.
Appellees answered, denying all the material allegations in the bill.
The canse was submitted to the court upon the pleadings, depositions and documentary evidence, and, on November 14,1917, a decree was rendered dismissing the complaint for the want of equity, from which decree an appeal has been prosecuted to this court.
If appellant’s attack on the petition is because it was not signed by a majority of the property owners in value, it is barred, because it did not bring the suit within thirty days after the passage of the ordinance ascertaining that a majority of the owners in value had signed the petition.
“Within thirty days after the passage of the' ordinance mentioned above (referring to the assessment ordinance) the recorder or city clerk shall publish a copy of it in some newspaper published in said town or city for one time; and all persons who shall fail to begin legal proceedings within thirty days after such publication for the purpose of correcting or invalidating such assessment shall be forever barred and precluded.”
For the error indicated, the decree is reversed with directions to quash the assessment of benefits against the property within the district.