Legal Opinion · Concurrence

City of Lexington v. Motel Developers, Inc.

Court of Appeals of Kentucky (pre-1976)

Decided April 2, 1971Published

1ConcurrenceOsborne, Judge

The sole issue presented by this opinion revolves around the proper interpretation of Section 181 of the Kentucky Constitution as it relates to the imposition of a license tax by municipalities. For ease of interpretation, the section should be divided into four parts. Kentucky Constitution, Section 181, provides:

“(1) The General Assembly shall not impose taxes for the purpose of any county, city, town or other municipal corporation, but may, by general laws, confer on the proper authorities thereof, respectively, the power to assess and collect such taxes.

*260(2) The General Assembly may, by…

2Cases cited26 opinions

  1. Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
  2. Howard v. Commissioners of Sinking Fund of LouisvilleSupreme Court of the United States · 1953
  3. Hager v. WalkerCourt of Appeals of Kentucky · 1908
  4. City of Louisville v. SebreeCourt of Appeals of Kentucky (pre-1976) · 1948
  5. Booth's Exr. v. Commonwealth ex rel Jefferson County Atty.Court of Appeals of Kentucky · 1908

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