Circuit Court Success!
Judge Benjamin A. Kendrick of the Arlington Circuit Court ruled yesterday that the Virginia General Assembly acted properly and within its power in granting the Northern Virginia Transportation Authority the ability to enact taxes and fees, issue bonds, and use those taxes and fees to pay debt service on the bonds.
The Court also ruled that debt on those bonds is that of the Authority alone and not state or local debt.
The Court further ruled that:
∑ HB 3202 does not violate the single object act that requires all elements to be related to a billís purpose, which, in this case, is transportation.
∑ The Transportation Authority is an independent entity created for a special purpose, not a local government, and, therefore, is not subject to provisions that a referendum must be held prior to issuing of bonds.
Those wishing to appeal the decision have 15 days to inform the Virginia Supreme Court of their intent and another 30 days to formally file papers.
The Northern Virginia Transportation Alliance, along with 14 other major business organizations and ten businesses, filed an Amicus Curiae brief in support of the Authorityís Bond Validation suit. The brief argued and provided documentation that Northern Virginiaís transportation crisis is so severe that further delay in enacting new taxes and fees and issuing bonds would be injurious to the regionís economy and quality of life.
To read a transcript of Judge Kendrickís opinion, click here.
To read the Alliance et alís amicus brief, click here.