holding that the General Assembly's delegation to a municipal corporation of its authority to levy and collect taxes for local purposes falls outside the Delaware constitutional requirement that all bills for raising revenue originate in the General Assembly
Summary of this case from Harvey v. City of NewarkSeptember 12, 1967.
holding that the General Assembly's delegation to a municipal corporation of its authority to levy and collect taxes for local purposes falls outside the Delaware constitutional requirement that all bills for raising revenue originate in the General Assembly
Summary of this case from Harvey v. City of Newarknoting that "[i]t is generally agreed by both federal and state courts that to qualify as a revenue-raising bill, within the purview of this constitutional provision, the money derived from the tax imposed must be available for the general governmental uses and purposes of the taxing sovereignty, i.e., for defraying its general governmental expenses and obligations," and that "[t]he corollary of the [this] rule is that laws delegating authority to local governmental units to levy and collect taxes for local purposes are not bills for ‘raising revenue’ within the meaning of that term as used in the constitutional requirement"
Summary of this case from Burnett v. Chilton Cnty. Health Care Auth.Full title:OPINION OF THE JUSTICES of the Supreme Court in Response to Question…
Court:Supreme Court of Delaware
Date published: Sep 12, 1967
"See Opinion of the Justices, 385 A.2d 695 (Del. 1978); see also, e.g., Opinion of the Justices, 425 A.2d 604…
Willington Savings Fund Society v. GreenLater cases, citing Schorr, indicated that the State was committed to the Enrolled Bill Doctrine and implied…