Legal Opinion

Alfonso v. Diamondhead Fire Protection District

Mississippi Supreme Court

Decided August 1, 2013No. 2012-CA-00217-SCTPublishedCited by 2 opinions

1Opinion of the Court

WALLER, Chief Justice,

for the Court:

¶ 1. A group of property owners filed suit against the Diamondhead Fire Protection District (DFPD) board of commissioners and several current and former DFPD officers, seeking declaratory judgment that a fee charged for fire-protection services is an impermissible tax. Finding the DFPD had authority to charge fees for services rendered, the trial court entered a judgment in favor of the DFPD. The property owners appeal, raising two issues: (1) whether the monthly fee is an illegal tax, and (2) whether the power to tax should be construed narrowly. We find…

2Cases cited4 opinions

  1. King County Fire Protection District No. 16 v. Housing AuthorityWashington Supreme Court · 1994
  2. Tunica County v. Hampton Co. National Surety, LLCMississippi Supreme Court · 2009
  3. City of Milwaukee v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1959
  4. City of River Falls v. St. Bridget's Catholic ChurchCourt of Appeals of Wisconsin · 1994

3Cited by2 opinions

  1. Rex Distributing Company, Inc. v. Anheuser-Busch, LLCMississippi Supreme Court · 2019
  2. Rex Distributing Company, Inc. v. Anheuser-Busch, LLCMississippi Supreme Court · 2019

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