Let The Lawsuits Begin!
By Greg L | 3 July 2007 | Virginia Politics | 7 Comments
Delegate Bob Marshall is reporting that he has urged the Loudoun County Board of Supervisors to sue the Northern Virginia Transportation Authority, and that they unanimously agreed to defend against the Bond Validation suit expected to be filed on July 13. The constitutional issues regarding the grant of power to the regional transportation authorities looks like it’s coming to a head.
I would be very disappointed in any elected official serving on the NVTA who might decide to move forward on imposing fees and taxes until these constitutional questions are resolved. I imagine I might not be the only one, particularly if the powers granted to the NVTA are eventually ruled unconstitutional.
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Please speak at the next public hearing on July 12 at Mary Ellen Henderson Middle School, 7130 Leeesurg Pike, in Falls Church at 7:pm And write or call the NVTA reps to oppose this. When these referendums get shot down by the voters, appointed “Authorities” ambush the will of the people by implementing new taxes anyway. They have ignored the fact that taxes for roads have already been increased, only to have the money put in a general fund in Richmond and not used for roads. Last hearing on 6/28, only 4 citizens spoke against the increased taxes, while developers, associations and businesses for the increased taxes had 32 proponents speak. Comments on increasing our taxes and appointed Regional Tranportation and Taxation Authorities can be sent on too, now being accepted by mail: 3060 Williams Drive, Suite 510; Fairfax, Virginia 22031.
It’s two “l’s” in Marshall, Greg.
Thanks, James. Post is corrected.
[…] with the encouragement of Delegate Bob Marshall, the Loudoun County Board of Supervisors is moving forward with plans to challenge the […]
Here’s the rub though: as this has been explained to me, the lawsuit really can’t begin until the NVTA actually does impose taxes and sells bonds. It is at that point (in early July) that a validation lawsuit will be filed. So, in order to even get to that point, the NVTA will have to vote to impose taxes.
Andy may well be right on that. It’s a question of “standing” and/or “ripeness.” I don’t pretend to understand how Virginia addresses these questions (it would require some research to learn, and no one’s paying me to do so, nor have I been approached to participate in such a lawsuit), and I’m sure that the attorneys who are handling the case are well-informed as to the proper timing for such a lawsuit.
The failure to adequately address transportation has led us to this mess. I am sure that the vast majority of citizens are against these new taxes and the way on which they will be levied (myself included) but the daily experiences of these same voters makes them desperate for transportation improvements. And of course the development industry will be behind this to help mitigate the problems caused by the never ending rezonings they seek and obtain - which of course have been approved by our local supervisors. What a mess.