Legal Opinion · Dissent

Foster v. Jefferson County Quorum Court

Supreme Court of Arkansas

Decided July 17, 1995No. 94-776Published

1DissentRobert H. Dudley, Justice

The majority opinion holds that Jefferson County can validly adopt a one percent sales and use tax. I respectfully dissent.

I

Article 16, section 9, of the Constitution of Arkansas provides: “No county shall levy a tax to exceed one-half of one percent for all purposes, but may levy an additional one-half of one percent to pay indebtedness existing at the time of the ratification of this Constitution.” The second clause of this section refers to a tax of one-half of one percent to pay debts that existed in 1874, the year the constitution was ratified. There is no debt left from 1874, and,…

2Cases cited25 opinions

  1. Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
  2. City of Hot Springs v. CrevistonSupreme Court of Arkansas · 1986
  3. James Dean Walker v. O. E. Bishop, Superintendent of Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1969
  4. Wiseman v. PhillipsSupreme Court of Arkansas · 1935
  5. Bishop v. LINKWAY STORES, INC.Supreme Court of Arkansas · 1983

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