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Constitutionality of Transportation Taxes and Fees Challenged

Hugh Lessig of the Newport News Daily Press reports that:

“A group of conservatives has filed a sweeping constitutional challenge to the General Assembly’s transportation plan that seeks to gut the entire bill, not merely the abusive driver fees that have caused so much controversy.

“Filed Monday in Richmond Circuit Court, the lawsuit challenges the power of the regional transportation authorities in Hampton Roads and northern Virginia to raise revenue through taxes and fees. It says only units of government should have that power, not regional authorities.”

Lessig adds: 

“If the lawsuit succeeds, it could torpedo the carefully crafted compromise that lawmakers of both parties held up as the centerpiece of the 2007 legislative session.”

A letter announcing that citizens had filed the constitutional challenge included this paragraph:

“The Virginia Constitution states, “No ordinance or resolution . . . imposing taxes . . . shall be passed except by a recorded affirmative vote of a majority of all members elected to the governing body. (Article VII, Section 7)”

Seems rather clear!


Virginia taxpayers owe a debt of gratitude to the 18 plaintiffs who filed the lawsuit.


If you haven’t signed the online petition opposing HB3202, the legislative transportation funding plan, please do so. Both the DC Examiner and the Washington Times covered filing of the constitutional challenge. For additional coverage, visit the Virginia Club for Growth.



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