Thursday, February 21, 2013

Fayetteville loses another tax increment district challenge

Posted By on Thu, Feb 21, 2013 at 10:37 AM

The Arkansas Supreme Court today upheld a lower court ruling that said the city of Fayetteville could not take part of a Fayetteville School District property tax increase for high school construction and use it in an existing tax increment finance district.

There's a lot of history here. The Supreme Court had protected the 25-mill base school millage from use by tax increment finance districts. The TIF districts were a legislative scheme to capture school millage for improvement projects. In Fayetteville, a downtown development district was created in hopes of diverting millage on property in the district to a parking deck and other projects. But when the court took the Fayetteville base millage off the table for improvement district use, it pretty well killed the effectiveness of TIF districts statewide. Few school district have a signfiicant amount of "free" millage — not committed to bond issues — that the improvement districts could capture.

But when Fayetteville voters approved 2.75 new mills in 2010, the city argued that a portion of the new millage, because it was passed after the earlier court ruling, was excluded from millage held off limits as pledged to bonds. The city also argued that the ballot didn't explicitly pledge the new millage to bonds. The court rejected the arguments. It said surplus revenue produced by new bond mills could be used for other school purposes and did not have to be directed to the existing TIF district.

Tags: , , ,

From the ArkTimes store

Favorite

Speaking of...

Comments (2)

Showing 1-2 of 2

Add a comment

 
Subscribe to this thread:
Showing 1-2 of 2

Add a comment

More by Max Brantley

  • Executionpalooza

    Appearances count. I was struck by a single sentence over the weekend in a full page of coverage in The New York Times devoted to the killing spree in Arkansas, beginning with a front-page account of the recent flurry of legal filings on pending executions and continuing inside with an interview with Damien Echols, the former death row inmate.
    • Apr 20, 2017
  • Death Row inmates argue to keep stay of execution in place; urge 8th Circuit not to 'rush' analysis

    Early this morning, attorneys for nine Death Row inmates, filed an argument with the 8th United States Court of Appeals contesting the state's effort to override Judge Kristine Baker's order Saturday that halted executions scheduled this month.
    • Apr 17, 2017
  • Federal judge denies execution stay for Don Davis but larger stay continues

    Don Davis, who's been moved to the killing facility of the state prison for killing tonight at 7 p.m. if a stay of execution is lifted in another federal suit, sought a stay in another federal court Sunday, but the request was denied.
    • Apr 17, 2017
  • More »

Readers also liked…

Most Shared

  • Executionpalooza

    Appearances count. I was struck by a single sentence over the weekend in a full page of coverage in The New York Times devoted to the killing spree in Arkansas, beginning with a front-page account of the recent flurry of legal filings on pending executions and continuing inside with an interview with Damien Echols, the former death row inmate.
  • Art bull

    "God, I hate art," my late friend The Doctor used to say.
  • Not justice

    The strongest, most enduring calls for the death penalty come from those who feel deeply the moral righteousness of "eye-for-an-eye" justice, or retribution. From the depths of pain and the heights of moral offense comes the cry, "The suffering you cause is the suffering you shall receive!" From the true moral insight that punishment should fit the crime, cool logic concludes, "Killers should be killed." Yet I say: retribution yes; death penalty no.
  • Judge Griffen writes about morality, Christian values and executions

    Pulaski County Circuit Judge Wendell Griffen, who blogs at Justice is a verb!, sends along a new post this morning.
  • The Ledell Lee execution thread

    Arkansas Times contributor Jacob Rosenberg is at the Cummins Unit in Grady filing dispatches tonight in advance of the expected execution of Ledell Lee, who was sentenced to death for the Feb. 9, 1993, murder of Debra Reese, 26, who was beaten to death in the bedroom of her home in Jacksonville.

Visit Arkansas

Haralson, Smith named to Arkansas Tourism Hall of Fame

Haralson, Smith named to Arkansas Tourism Hall of Fame

Chuck Haralson and Ken Smith were inducted into the Arkansas Tourism Hall of Fame during the 43rd annual Governor’s Conference on Tourism

Most Viewed

  • The Jack Jones, Marcel Williams execution thread

    The Arkansas Department of Correction is planning for the first double execution in the U.S. in 16 years tonight. Jack Jones, 52,  and Marcell Williams, 46, are scheduled to die by lethal injection. They would be the second and third prisoners put to death as part of a hurried schedule Governor Hutchinson set in advance of the state's supply of one of the three drugs used in the execution protocol expiring on April 30.
  • Lee's lawyer writes about executed man's last hours

    Lee Short, the lawyer for Ledell Lee, the man Arkansas put to death just before midnight last night, posted on Facebook the following letter of thanks for personal support and a bit about Lee's last hours, distributing his possessions and talking to family.
  • Legislature set to tackle changes to "Arkansas Works" Medicaid expansion in special session

    The governor is expected to call the special session to get legislative approval of his proposed alterations to the private option (now known as "Arkansas Works"). Here's what to look for.
  • Walmart slapped with $12 million in damages over misappropriating trade secrets

    An Arkansas jury last Friday awarded Cuker Interactive, a California-based digital marketing agency, more than $12 million in damages  from Walmart. The jury found that Walmart had misappropriated trade secrets. In addition, the jury awarded Cuker $30,600 in damages for breach of contract and $400,000 for unjust enrichment.
  • Donald Trump threatens to shut down his own government if he doesn't get taxpayer funding for wall

    Friday looms as the deadline for Congress to pass a spending bill; if they fail to do so by midnight, the government will shut down. D.C. observers seem to think that the most likely scenario is a stopgap bill to fund the government for another week or so while lawmakers try to work out a deal. We'll see.

Most Recent Comments

Blogroll

Slideshows

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation