Legal Opinion · Dissent

Town of Warrenton v. Warren County

Supreme Court of North Carolina

Decided March 29, 1939Published

1DissentSeawell, J.

Article Y, section 5, of the Constitution declares briefly, plainly, and pointedly: “Property belonging to the State or to municipal corporations shall be exempt from taxation.” The effect of the majority opinion in the case at bar is to insert after the words “municipal corporations” the words “and held for a governmental or public purpose.” The question of real importance raised here is whether this is judicial interpretation or judicial amendment. The only argument advanced in the majority opinion to support the theory of legitimate interpretation is the naked authority of supposed…

2Cases cited47 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Calder v. BullSupreme Court of the United States · 1798
  3. Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
  4. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  5. United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913

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