Legal Opinion · Dissent

Dalton v. State Property and Buildings Commission

Court of Appeals of Kentucky (pre-1976)

Decided August 12, 1957Published

1DissentMontgomery, Judge

I respectfully dissent from the majority opinion of the Court.

The Act in question is unconstitutional, in that it violates two provisions of Section 50 of the Constitution. It fails to provide for the levy and collection of an annual tax to pay the interest stipulated and to discharge the debt created. The question submitted to the people at the general election was misleading and was neither fair nor adequate to inform them of the issue presented. The proper construction of the language of this section of the Constitution is decisive.

The pertinent portion of Section 50 of the Kentucky…

2Cases cited24 opinions

  1. Board of Penitentiary Commissioners v. SpencerCourt of Appeals of Kentucky · 1914
  2. Varney v. JusticeCourt of Appeals of Kentucky · 1888
  3. State Ex Rel. Capitol Addition Bldg. Commission v. ConnellyNew Mexico Supreme Court · 1935
  4. State Ex Rel. Fletcher v. Executive CouncilSupreme Court of Iowa · 1929
  5. Crick v. RashCourt of Appeals of Kentucky · 1921

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