Legal Opinion

Duke Power Co. v. Bowles

Supreme Court of North Carolina

Decided June 4, 1948PublishedCited by 5 opinions

1Opinion of the CourtSeawell, J.

Section 50 of Chapter 37, Private Laws of 1923, confers on the City of Greensboro the power to grant a franchise of the sort concerned in this controversy, and provides that it “shall be subject to a tax by said City in such amount as the council may think to be just” and “in addition to a license tax.”

The plaintiff is operating under a franchise granted under this authority to a predecessor in title. Prior to 1933 the tax rate was advanced from $5,000 to $7,500 for the fiscal year; and in 1947 the city council, by appropriate ordinance, further increased the tax rate to $15,000. There is no…

2Cases cited10 opinions

  1. Rodgers v. United StatesSupreme Court of the United States · 1902
  2. School Commissioners v. Board of Aldermen & TreasurerSupreme Court of North Carolina · 1912
  3. Cecil v. City of High PointSupreme Court of North Carolina · 1914
  4. Bramham v. City of DurhamSupreme Court of North Carolina · 1916
  5. Charlotte v. . KavanaughSupreme Court of North Carolina · 1942

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re the Assessment of Additional Sales & Use Taxes Against Halifax Paper Co.Supreme Court of North Carolina · 1963
  2. Bland v. City of WilmingtonSupreme Court of North Carolina · 1971
  3. Southern Bell Telephone & Telegraph Co. v. ClaytonSupreme Court of North Carolina · 1966
  4. Proposed Assessment of Additional Franchise Tax for the Taxable Quarters Ended March 31, 1980 v. Carolina Telephone & Telegraph Co.Court of Appeals of North Carolina · 1986
  5. SECRETARY OF REV. v. Carolina Tel. & Tel. Co.Court of Appeals of North Carolina · 1986

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