Legal Opinion

City of Richmond v. Fary

Supreme Court of Virginia

Decided December 1, 1969No. Record 7290PublishedCited by 9 opinions

1Opinion of the CourtGordon, J.

In July 1969 the Richmond City Council enacted an ordinance imposing an annual tax of f 12 on persons engaged in an occupation for profit within the City who earn $3,100 or more per year. Because the City’s Director of Finance questioned the validity of the tax, he refused to perform a necessary ministerial act. Invoking our original jurisdiction, the City asks us to issue a writ of mandamus against the Director, thereby upholding the tax.

Under § 2.02(a) of the Richmond charter, the General Assembly has granted the City broad general authority to levy such taxes as the Council deems necessary.…

2Cases cited16 opinions

  1. Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
  2. Allied Stores of Ohio, Inc. v. BowersSupreme Court of the United States · 1959
  3. Walters v. City of St. LouisSupreme Court of the United States · 1954
  4. Gillum v. JohnsonCalifornia Supreme Court · 1936
  5. Charleston Federal Savings & Loan Ass'n v. Alderson, State Tax Com'rSupreme Court of the United States · 1945

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3Cited by9 opinions

  1. Mouberry v. CommonwealthCourt of Appeals of Virginia · 2003
  2. Willis v. MullettSupreme Court of Virginia · 2002
  3. Ford v. CommonwealthCourt of Appeals of Virginia · 2006
  4. Board of Directors of Tuckahoe Ass'n v. City of RichmondSupreme Court of Virginia · 1999
  5. Atlantic Charter Service, Inc. v. City of Virginia BeachVirginia Circuit Court · 1972

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