Sirrell v. State

BROCK, C.J., and BRODERICK, J.,

dissenting. Because the trial court’s findings in this case are supported by the evidence and not erroneous as a matter of law, we would affirm its analytically sound and thoughtful ruling that the statewide property tax as currently administered violates Part II, Article 5 and Part II, Article 6 of the State Constitution and remand the issue of remedy. We therefore respectfully dissent.

I. Burden of Proof

The majority today adopts a new standard, not even advocated by the State in the trial court, requiring proof of a widespread scheme of intentional…