Legal Opinion · Dissent

McDonald v. Bowen

Supreme Court of Arkansas

Decided June 28, 1971No. 5-5643Published

1DissentJohn A. Fogleman, Justice

I concur in most of the majority opinion and in some of the results reached where I cannot fully subscribe to the reasons given for reaching them. My principal disagreement with the majority relates to a specific purpose for which taxes levied and bond proceeds may be utilized.

At the outset, I should express my agreement that appellees were well advised to concede that one purpose included in the proposed petition was far too vague to form the basis for a tax levy under Amendment 18. That item was:

To accomplish any or all of the improvements authorized by the Amendment No. 18 Implementing Act…

2Cases cited27 opinions

  1. Leigh v. HallSupreme Court of Arkansas · 1960
  2. Walton v. McDonald, SEC. of StateSupreme Court of Arkansas · 1936
  3. Mason v. United StatesSupreme Court of the United States · 1923
  4. United States v. AlpersSupreme Court of the United States · 1950
  5. Westbrook v. McDonaldSupreme Court of Arkansas · 1931

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