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HARRILL v. BOARD OF COM'RS OF CLINTON ROAD

No. 84-18.

668 S.W.2d 538 (1984)

282 Ark. 348

Raymond HARRILL et al., Appellants, v. BOARD OF COMMISSIONERS OF CLINTON ROAD WATER PIPE LINE IMPROVEMENT DISTRICT #328 OF PULASKI COUNTY, AR, Appellee.

Supreme Court of Arkansas.

May 7, 1984.

Attorney(s) appearing for the Case

James F. Lane, Little Rock, for appellants.

Herrod & Vess by E.H. Herrod, North Little Rock, and Townsend & Townsend, Ltd. by Willis Townsend, Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

The principal issue on this appeal is the constitutionality of the following statute pertaining to suburban improvement districts such as the appellee water pipe line district:

In case for any reason the improvement contemplated by any district organized under this act is not made, the preliminary expense shall be a first lien upon all the land in the district and shall be paid by a levy of a tax thereon upon the assessed value...

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