Legal Opinion · Dissent

McElhaney Cattle Co. v. Smith

Court of Appeals of Arizona

Decided March 3, 1981No. 1 CA-CIV 4746Published

1DissentEubank, Judge

I dissent. In my opinion the taxpayers are not exempt from taxes under either Art. IX, § 2 or Art. IX, § 13 of the Arizona Constitution, 1 A.R.S.

ARTICLE IX, § 2

It is necessary to determine the intention of the electorate when they amended Art. *312IX, § 2 by Initiative Petition # 102 at the General Election held on November 3, 1964. Their intent is construed at the time of the enactment, Bushnell v. Superior Court, 102 Ariz. 309, 428 P.2d 987 (1967), and subsequent changes in the law or conditions should not be considered. Maricopa County Municipal Water Conservation District No. 1 v. Southwest…

2Cases cited12 opinions

  1. Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
  2. County of Apache v. Southwest Lumber Mills, Inc.Arizona Supreme Court · 1962
  3. Bushnell v. Superior Court of Maricopa CountyArizona Supreme Court · 1967
  4. Department of Revenue Ex Rel. Luckett v. Allied Drum Service, Inc.Kentucky Supreme Court · 1978
  5. Kunes v. Samaritan Health ServiceArizona Supreme Court · 1979

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