Stanfield v. Polk County

The majority does not reach the merits of this important controversy because it concludes error was not preserved on plaintiff’s response to defendant’s affirmative defense of waiver. With all respect to the majority, I am convinced error was preserved and the defendant has failed to bear its burden to establish its affirmative defense. I therefore think the merits can and should be addressed.

On reaching the merits I would grant plaintiffs the relief they seek because I am convinced this crude scheme, which renders Polk County voters liable for what should be a private obligation, is illegal…