Fitzpatrick v. Board of Trustees
Court of Appeals of Kentucky
Case 24 — PETITION EQUITY APPEAL PROM MONTGOMERY CIRCUIT COURT. A taxing district for a specific purpose having been fixed by the Legislature and the tax voted, the Legislature has no constitutional power to change the district so as to put the whole subsequent burden of taxation for the specified purpose upon a part only of the district as first defined.
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Case 24 — PETITION EQUITY APPEAL PROM MONTGOMERY CIRCUIT COURT. A taxing district for a specific purpose having been fixed by the Legislature and the tax voted, the Legislature has no constitutional power to change the district so as to put the whole subsequent burden of taxation for the specified purpose upon a part only of the district as first defined. The Legislature having the power to impose a tax for school purposes upon a defined district without submitting the question to the voters of the district, may modify or repeal the act in any way so that vested rights are not interfered…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
By an act to establish a system of graded schools in the city of Mt. Sterling, approved April 15, 1884, a common school district number one was created to embrace the city and described territory outside the *134corporate limits. It was provided that the public school affairs for white children within the district should, thereafter, be under the control of five trustees to constitute, when elected by the white qualified voters, a corporate body, styled “The Board of Trustees of Mt. Sterling Public Graded Schools.” Among other powers conferred by the…
2Cited by5 opinions
- Crabb v. Celeste Independent School DistrictTexas Supreme Court · 1912
- State ex rel. Pritchard v. GrefeSupreme Court of Iowa · 1908
- Durrett v. DavidsonCourt of Appeals of Kentucky · 1906
- Miller v. City of PinevilleCourt of Appeals of Kentucky · 1905
- Larue v. RedmonCourt of Appeals of Kentucky · 1916