Bruner v. Town of Stanton
Court of Appeals of Kentucky
Case 73 — PETITION ORDINARY APPEAL PROM POWELL CIRCUIT COURT. 1. A municipality being purely a creates! of statute can: not impose a license tax unless it is expressly authorized so to do by the legislature, and even when this authority is given, the power to license can not he extended beyond the terms of the municipal charter. 13 Am. & Eng.
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Case 73 — PETITION ORDINARY APPEAL PROM POWELL CIRCUIT COURT. 1. A municipality being purely a creates! of statute can: not impose a license tax unless it is expressly authorized so to do by the legislature, and even when this authority is given, the power to license can not he extended beyond the terms of the municipal charter. 13 Am. & Eng. Ency. of Law, pages 529-530, and note on page 531; Commonwealth v. Voorhies, 12 B. M., 361. 2. Suchl authority can not be implied from a provision ini the charter giving the town trustees the power in a general way to-pass such by-laws ■ as may in their…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
In June, 1891, appellant procured a State license to sell •spirituous, vinous and malt liquors in the town of Stanton, and was about to commence business when the trustees of the town for the first time adopted an ordinance requiring a license fee of $250 to be paid the town before such business ■could be carried on. Admittedly the trustees under the town charter then in force, or in virtue of any general law, were without authority to impose such a tax, or any license tax on ;such business, but they, as well as the appellant, were of the…
2Cases cited4 opinions
- Fecheimer Bros. & Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1886
- City of Louisville v. HenningCourt of Appeals of Kentucky · 1866
- Bruner & Bloom v. Clay CityCourt of Appeals of Kentucky · 1897
- Trustees of Stanford v. HiteCourt of Appeals of Kentucky · 1881
3Cited by13 opinions
- Spalding v. City of LebanonCourt of Appeals of Kentucky · 1913
- Great Atlantic & Pacific Tea Co. v. City of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1934
- Ziedman & Pollie, Inc. v. City of AshlandCourt of Appeals of Kentucky (pre-1976) · 1932
- River Excursion Co. v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1932
- City of Mt. Sterling v. KingCourt of Appeals of Kentucky · 1907
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