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March 1, 2008

The Virginia State Supreme Court decision is in regarding the Northern Virginia Transportation Authority ("NVTA") case.

The taxpayers have won. Thank you for standing by me and against these seven "regional taxes".

I predicted the overturning of this law most emphatically on the record and the Supreme Court voted unanimously to throw out the law.

Prince William-Loudoun Delegate Bob Marshall, joined by the previous Republican board of supervisors sued the state over the state legislature setting up a taxing authority by unelected officials in the "NVTA".

Last year, former Supervisor Mick Staton moved to sue and I seconded the motion. The board agreed. Loudoun then became the only county to challenge the scheme to charge taxpayers extra money in the form of fees for new drivers, inspection stickers, ETC.

Seven regional taxes and fees were imposed on taxpayers: an additional annual vehicle license fee;  additional vehicle inspection fee; local sales and use tax on vehicle repairs; a regional congestion relief fee; a local rental car transportation fee ; additional transient occupancy tax; THEY ARE ALL THROWN OUT.

The Court held in Loudoun County's favor on the issue of the unconstitutional delegation of taxation authority to an unelected body. The taxes are declared null and void.  The decision was unanimous.

The other appealing parties also challenged the law as violating the single object rule.  The Court did not overturn the circuit court on this point.  The County did not raise this argument, but appealed solely on the basis of taxes being imposed by an unelected body rather than directly by an elected legislative body.

The Supreme Court stated plainly on page 22 of their decision:

"we hold that the provisions of Chapter 896 permitting NVTA to impose the regional taxes and fees are invalid because they violate the Constitution."

The danger is not completely over due to the fact that the state legislature is in session at the moment.

Liberals in Richmond and in the northern Virginia establishment are now ploting to "correct" what the Supreme Court threw out, so be on alert to tell your state legislators not to vote to impose these seven taxes "legally".

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