Kentucky Court of Appeals Says Libraries Can Raise Taxes Without Taxpayers' Vote

Mar 20, 2015

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The Kentucky Court of Appeals has reversed a ruling today to allow library districts to raise taxes by four percent each year without requiring a vote from taxpayers.

This move changes the outcome of a 2012 lawsuit filed by the Campbell County Tea Party which claimed the districts could not raise taxes without a voter referendum if they were created by a petition. About 80 Kentucky library districts were created by petition.

But Kentucky Court of Appeals Clerk Sam Givens says this most recent decision is likely not the end of this issue.

“After the petition for rehearing is resolved if the parties still disagree they can still take a motion for discretionary review to the Supreme Court,” he said. “So I expect either one or both of these things to happen because of the importance of this case. So I presume that the Supreme Court will probably, eventually have this case.”

The Tea Party members have 30 days to file a motion for discretionary review that would take the issue to the state Supreme Court.

Before the appeal, the Kenton County Public Library joined the case as it was involved in a similar lawsuit.

If the decision had not been overturned the Campbell County Public Library said in a statement it would face a 60 percent revenue loss.