LEHNHAUSEN v. LAKE SHORE AUTO PARTS CO.

No. 71-685.

410 U.S. 356 (1973)

LEHNHAUSEN, DIRECTOR, DEPARTMENT OF LOCAL GOVERNMENT AFFAIRS OF ILLINOIS v. LAKE SHORE AUTO PARTS CO. ET AL.

Supreme Court of United States.

Decided February 22, 1973.


Attorney(s) appearing for the Case

William J. Scott, Attorney General of Illinois, argued the cause for petitioner in No. 71-685. With him on the briefs was Jayne A. Carr, Assistant Attorney General. Aubrey F. Kaplan argued the cause and filed a brief for petitioners in No. 71-691.

Arnold M. Flamm argued the cause for respondents in No. 71-685. With him on the brief was Arthur T. Susman. Louis L. Biro argued the cause for respondents in No. 71-691 and filed a brief for corporation respondents M. Weil & Sons, Inc., et al. Gust W. Dickett filed a brief for respondents Shapiro et al. in No. 71-691. Edward A. Berman, Eugene T. Sherman, and Lewis W. Schlifkin filed a brief for proprietor respondents Herman, dba The Spot, et al. in both cases.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

In 1970 the people of Illinois amended its constitution1 adding Art. IX-A to become effective January 1, 1971, and reading:

"Notwithstanding any other provision of this Constitution, the taxation of personal property by valuation is prohibited as to individuals."

There apparently appeared on the ballot when Art. IX-A was approved the following:

"The amendment...

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