Legal Opinion · Dissent

Farrar v. Britton Independent School District

South Dakota Supreme Court

Decided May 20, 1948No. File No. 8960Published

1DissentRudolph, Judge

I concur in the view that the assessed valuation of moneys and credits should be included in computing the constitutional limit of five per cent of the “assessed valuation of the taxable property.” I am, however, unable to concur in the holding of the majority that money in the treasury, other than sinking funds, is not deductible in computing the amount of indebtedness a school district may incur. It is my view that such holding cannot be reconciled with the opinions of this court in McCavick v. Independent School Dist. of Florence, 25 S. D. 449, 127 N. W. 476, and Lollich v. Hot Springs…

2Cases cited2 opinions

  1. McCavick v. Independent School Dist.South Dakota Supreme Court · 1910
  2. Lollich v. Hot Springs School District No. 10South Dakota Supreme Court · 1924

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