Saturday, March 1, 2008

Mar 1, 2008 :: Virginia Court ruling may be fatal for HRTA -- dailypress.com

This article from my old hometown is a good article on a classic con law/admin law hypo of in-state federalism and the issue of protecting one municipality from another's elected officials, separation of powers (delegating taxing authority), and an administrative agency (a general-assembly created transportation authority) trying to overreach.

Seems like the whole problem could have been avoided by having the authority submit its "proposed taxing plan" to the general assembly to ratify instead of having a direct taxing authority.


Court ruling may be fatal for HRTA -- dailypress.com

"The Virginia Supreme Court stripped taxing power away from the controversial Hampton Roads Transportation Authority on Friday, unanimously ruling that the regional body and a similar panel in Northern Virginia are unconstitutional.

In a 23-page opinion written by Justice S. Bernard Goodwyn, the court said the General Assembly attempted to sidestep the constitutional protections against tax increases by passing that power down to local officials."


Hmmm.

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