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Va. Supreme Court to hear NVTA lawsuit today
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(Brig Cabe/Examiner)
Simon Wong, a technician at KC Service Station in Burke, works on a BMW. The state Supreme Court will consider the battle over the legality of Northern Virginia’s new transportation taxes, which include car repair, today. The Virginia Supreme Court is set to consider the $335 million constitutional battle over the legality of Northern Virginia’s new transportation taxes today in Richmond. The state’s highest judicial panel will address lingering legal questions about whether the General Assembly has the power to direct the Northern Virginia Transportation Authority to collect seven new taxes and fees for long-needed transit projects. Loudoun County and several Republican politicians challenged the NVTA’s powers to tax and borrow that took effect Jan. 1, saying only elected officials have that authority. The General Assembly authorized the NVTA, which consists of appointed members, to approve bonds and tax increases in a landmark transportation bill in April. Arlington State District Court Judge Benjamin Kendrick ruled in favor of the transportation plan in August, setting the stage for a Supreme Court decision. Northern Virginia residents already are paying the taxes on property sales, car repair, car rental and hotels, and are facing higher fees on car registrations and inspections. If overturned, the NVTA would have to seek help from the General Assembly to address any legal questions and reimburse taxes that have been collected. But NVTA Vice Chairman Martin Nohe sounded a positive tone Monday, predicting victory. “I feel fairly confident that the NVTA is going to prevail,” said Nohe, a Prince William County supervisor. “The court agreed with every position on the NVTA took. The law is pretty clear on this.” But Loudoun County Supervisor Eugene Delgaudio, R-Sterling, countered that if the court upholds the taxing authority, it would set an unfortunate state standard that unelected bodies could tax residents. “If the General Assembly has the constitutional power to delegate taxing authority to unelected officials, this will be a record and a precedent for the state of Virginia,” Delgaudio said. The NVTA began collecting the taxes and fees Jan. 1. It has selected regional projects for the first $102 million raised and is considering another $160 million in projects Thursday night. dgenz@dcexaminer.com |