City of Ozark v. Trawick

This is a tax case, where it is undisputed that the legal authority to collect the tax had expired and that the taxpayers are entitled to a refund of the amounts they paid. The amount of the refund is not at issue. What is at issue is the trial court's award of prejudgment interest and its award of attorney fees.

The facts are as follows:

On October 12, 1954, the City of Ozark ("the City") held a special election to authorize a special ad valorem tax to provide funds to build a new high school in the City. The tax was approved for the period beginning October 1, 1955, and ending September 30,…