City of Frankfort v. Fuss

Dissenting Opinion by

Judge Ebbs.

In view of the importance of the question involved in this case, and since the majority opinion is rested upon some recent opinions of this court which, I believe, have placed an erroneous construction on sections 157 and 158 of the Constitution, I deem it necessary and proper to set forth the reasons for my dissent.

After fixing the maximum tax rate that may be levied by a municipality, section 157 of the Constitution provides that: “No county, city, town, taxing district, or other municipality, shall be authorized or permitted to become indebted, in any manner…