Georgia is peachy
Over in Georgia, the state Supreme Court has upheld what I think should be true in Arkansas under our Constitution -- not a dime of school taxes can be used for anything but schools. The ruling cripples a developer's giveaway in Georgia.
In Arkansas, the Supreme Court has prohibited use of the 25-mill required base school property tax for developer giveaways, but developers are dining on nibbles of additional school taxes here and there, particularly in Northwest Arkansas to subsidize development in areas such as Johnson smack in the middle of development corridors. Blight abatement? Hah.
Might there be a noble lawyer willing to attempt to shut the door on the last bits of thievery of taxes voted explicitly for schools to benefit golf course communities, fancy underwear stores and the like?
Comments
I'm sure that one of those lawyer-types will weigh in on this. My understanding is that the Georgia Supreme Court's ruling is based on the wording of Georgia's Constitution and the particular statute involved. Arkansas' Constitution may not be worded the same and the prior rulings of Arkansas' courts may differ as well. About all we will benefit from would be some of the reasoning involved in reaching the decision, but the ruling itself would have no direct legal significance in Arkansas.
Of course, remember that I am "practicing law" with only a driver's license.
ARK. BLOG: You're right. The Georgia case sets no precedent here. But it's a reminder that courts can do what the law requires. Read the Arkansas Constitution and give no attention to the developer-loving statutes rushed out by Dustin McDaniel and Co. to preserve TIF corporate welfare. The Constitution pretty plainly says tax money voted for schools cannot be used for any other purpose. The issue needs to be litigtated. The generally literal Supreme Court -- though it is subject to suasion -- should be given a chance to be strict constructionists once again.
Posted by: Jim Lendall![[TypeKey Profile Page]](http://www.arktimes.com/blogs/arkansasblog/nav-commenters.gif)
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February 13, 2008 06:31 PM
"noble lawyer". . . what's that? an oxy of some kind? The NWA times quoted one of the peckerwood developers today: "It'll be the Rodeo Drive of Northwest Arkansas". We need an astute atttorney or a bastard barrister soon.(wonder how "rodeo" was pronounced). There are several definitions for "Johnson".
Posted by: ozarkrazo![[TypeKey Profile Page]](http://www.arktimes.com/blogs/arkansasblog/nav-commenters.gif)
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February 13, 2008 08:13 PM