Legal Opinion · Concurrence

Stehly v. Davison County

South Dakota Supreme Court

Decided August 24, 2011No. 25742Published

1ConcurrenceZinter, Justice

[¶ 24.] South Dakota Constitution Article XI, § 2 requires that “[t]axes shall be uniform on all property of the same class[.]” This “constitutional provision[] relating to equality and uniformity in taxation require[s] equality and uniformity in both rate and valuation or assessment.” W. Two Rivers Ranch v. Pennington Cnty., 2002 S.D. 107, ¶ 9, 650 N.W.2d 825, 827. “[I]ssues over equality and uniformity in taxation must focus on the particular county or taxing district involved.” Id. ¶10.

[¶ 25.] I agree that counties are taxing districts for purposes of applying Article XI, § 2. I also agree…

2Cases cited4 opinions

  1. Skinner v. New Mexico State Tax CommissionNew Mexico Supreme Court · 1959
  2. Bethke v. County of BrownSupreme Court of Minnesota · 1974
  3. Johnson v. County of RamseySupreme Court of Minnesota · 1971
  4. WEST TWO RIVERS RANCH v. Pennington CountySouth Dakota Supreme Court · 2002

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