Calloway County Public Library board member and lawyer Ricky Lamkin is hopeful an appellate court decision allowing library taxing districts to continue to tax without a petition won’t be overturned.
The appellate court’s decision comes after circuit court judges decided in two separate 2012 cases involving Campbell and Kenton County libraries that an old law still required a petition of more than 51 percent of the voting public to increase taxes.
Lamkin says that decision would have hurt many libraries across the state.
“Had the Court of Appeals upheld the ruling of the circuit judge in both Campbell and Kenton County, theoretically there could have been a requirement of a refund of taxes dating back to 1979 that would have bankrupt probably 95 percent of the libraries in the state,” he said.
If the appellate decision were overturned and the current method of taxing is considered invalid then the libraries could be on the hook for repayment of more than 30 years of tax revenue. Plus, Lamkin says the appellate court’s ruling isn’t safe yet.
“This will be appealed I’m sure," he said. "But I’m very comfortable from my perspective and my read on it because I read the briefs and heard the oral arguments that the decision will be appealed.”
The Tea Party members who filed the initial lawsuits against Campbell and Kenton county public libraries have 30 days from March 21 to file a discretionary review. Then the Kentucky Supreme Court can decide whether or not it will hear the case.
