TO MISSOURI COURT OF APPEALS, WESTERN DISTRICT
An appeal has been filed in the legal case on the Platte County Children’s Services Fund sales tax.
The matter advances to the Missouri Court of Appeals, Western District.
The quarter cent sales tax for children’s services was passed by nearly 56% of county voters in November, but the commission declined to enact the tax. Two voters–Greg Plumb and Tara Bennett– filed a lawsuit against the county, but in a ruling handed down on April 1 Platte County Circuit Court Judge Megan Benton denied their request to require the county commission to levy the sales tax and create the fund.
The judge had heard arguments in the case in about an hour-long hearing on March 31.
In her ruling, Benton found that the law pertaining to the children’s tax question allows the commission discretion on whether to levy the tax, even if the matter has been approved by voters.
In her seven-page ruling, Benton mentioned that the ballot question asked the public whether Platte County should be “authorized” to levy a sales tax of a quarter of one cent. “The definition of ‘authorized’ is to ‘give official permission for something to happen, or to give someone official permission to do something.’ This permissive language confirms the discretionary nature of the commission’s action,” the judge said in a portion of her ruling.
On May 16, the Missouri Court of Appeals acknowledged receipt of the notice to appeal.
