Legal Opinion

Nash v. Town of Tarboro

Supreme Court of North Carolina

Decided April 9, 1947PublishedCited by 17 opinions

1Opinion of the CourtDenny, J.

Tbis appeal presents only one question: Is tbe cost of construction, maintenance and operation of a hotel by a municipality, a “public purpose,” within tbe meaning of Article Y, Section 3, of our Constitution? Tbe cited section provides: “Taxes shall be levied only for public purposes.” It must be conceded, therefore, that tbe defendant is without authority to proceed with tbe proposed project unless tbe above question is answered in tbe affirmative. For it is settled with us beyond question, that there can be no lawful tax which is not levied for a public purpose. Briggs v. Raleigh, 195 N.…

2Cases cited48 opinions

  1. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  2. State v. . HarrisSupreme Court of North Carolina · 1940
  3. Jones v. City of PortlandSupreme Court of the United States · 1917
  4. Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
  5. Yarborough v. North Carolina Park CommissionSupreme Court of North Carolina · 1928

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3Cited by17 opinions

  1. Ashmore v. Greater Greenville Sewer Dist.Supreme Court of South Carolina · 1947
  2. Britt v. City of WilmingtonSupreme Court of North Carolina · 1952
  3. Madison Cablevision, Inc. v. City of MorgantonSupreme Court of North Carolina · 1989
  4. Maready v. City of Winston-SalemSupreme Court of North Carolina · 1996
  5. Town of Grimesland v. City of WashingtonSupreme Court of North Carolina · 1951

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