Owen v. City of Branson

RUARK, Judge.

Plaintiff-appellant, Owen, brought this suit to enjoin the enforcement of ordinance number 265 of the City of Branson, which ordinance provides for an annual “license or wharfage tax” of $1 per front foot on all wharves or docks engaged in the loading, unloading, or repairing of boats or other types of water craft, which such wharves or docks are connected with and abutting upon city property. From an adverse judgment plaintiff has appealed.

The petition attacks the validity of the ordinance because (a) the operation of a boat dock is not one of the things authorized to be…