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The National League of Cities identifies 31 Dillon's Rule states, 10 home rule states, 8 states that apply Dillon's Rule only to certain municipalities, and one state (Florida) that applies home rule to everything except taxation. [2] Each state defines for itself what powers it will grant to local governments.
The taxpayers invoked the "Dillon rule", a restrictive interpretation of local government power that was established by the 19th century judge and legal scholar, John Forrest Dillon, and adopted by Virginia as well as many other states. The Dillon rule stated that local governments only had the powers expressly conferred upon them by statute ...
Dillon's Rule implies, among other things, that the boundaries of any jurisdiction falling under state government can be modified by state government action. For this reason, examples of municipal annexation are distinct from annexations involving sovereign states. [2]
Unlike the relationship of federalism that exists between the U.S. government and the states (in which power is shared), municipal governments have no power beyond what is granted to them by their states. This legal doctrine, called Dillon's Rule, was established by Judge John Forrest Dillon in 1872 and upheld by the U.S. Supreme Court in Hunter v.
Virginia limits the authority of cities and counties to enact ordinances by what is known as the Dillon's Rule. Counties and cities may only pass laws expressly allowed by the state legislature or which are necessary to effect powers granted by the state. [4] Dillon's Rule will invalidate local ordinances that exceed authority granted by the ...
New Hampshire and Vermont follow Dillon's Rule, which holds that local governments are largely creatures of the state. Traditionally, a town's legislative body is the open town meeting, which is a form of direct democratic rule, with a board of selectmen possessing executive authority.
Municipalities are governed under Dillon's rule, unless they elect to be governed by home rule. [5] Currently, there are 10 home rule municipalities in New Mexico ( Alamogordo , Albuquerque , Clovis , Gallup , Grants , Hobbs , Las Cruces , Los Alamos , Rio Rancho , and Santa Fe ), as well as two chartered cities ( Las Vegas and Silver City ).
In 1853, Dillon married Anna Margery Price (born June 19, 1835). They had two sons and a daughter. Anna and their daughter, Mrs. Annie Dillon Oliver, died in the sinking of the French ocean liner La Bourgogne in July 1898. Dillon's oldest son, Hiram Price Dillon (1855–1918), became a lawyer in Iowa and a Master of Chancery in federal court.