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MORGAN v. TOWN OF SPINDALE

No. 34.

118 S.E.2d 913 (1961)

254 N.C. 304

Wreston MORGAN v. TOWN OF SPINDALE, a Municipal Corporation.

Supreme Court of North Carolina.

March 22, 1961.

Attorney(s) appearing for the Case

J. S. Dockery, Rutherfordton, for plaintiff appellant.

A. Clyde Tomblin, Spindale, for defendant appellee.

RODMAN, Justice.

Plaintiff's assignments of error present only one question, viz.: Is the proposed expenditure for a public purpose? Unless for a public purpose, no tax can be levied for payment, because by express constitutional language, "taxes shall be levied only for public purposes." Art. V, sec. 3.

The constitutional permission to tax for public purposes is a denial of the right to tax for private purposes. Nash v. Town of Tarboro, 227 N.C. 283, 42 S...

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