Dan Murray, state director of the National Federation of Independent Business, released the following statement in response to the NFIB Small Business Legal Center filing an amicus brief with the state Supreme Court in the case Heartland v. City of Mission.
“This case raises an important issue for small businesses across the state.
“The issue here is an alleged ‘fee’ on owners of developed property, which we believe constitutes an illegal tax. In this case, the City of Mission takes money from the owners of developed properties for the purpose of maintaining and improving public roads.
“However, owners are charged a different rate depending upon whether their development is categorized as ‘single-family, ‘multi-family,’ or ‘non-residential.’ This is patently unfair and imposes burdens on small-business owners and others wishing to make economically beneficial uses of their property.
“The City of Mission charges commercial properties as much as $16,000 each year. We believe it’s a scheme to force some in the community to cover general costs that should more fairly be borne by the whole community.
“The lower courts have already ruled against the city and in favor of small businesses and other taxpayers. That’s why we’re urging the Kansas Supreme Court to throw out this bogus fee and protect small businesses.”
The NFIB Small Business Legal Center is a 501(c)(3) organization created to protect the rights of America’s small business owners by providing advisory material on legal issues and by ensuring that the voice of small business is heard in the nation’s courts. To learn more, visit www.NFIB.com/legal or follow @NFIBLegal on Twitter.