State Supreme Court rules regional tax authorities unconstitutional (UPDATED AND BUMPED)

The Virginia Supreme Court has invalidated the most egregious piece of HB3202 – the regional taxes that were unconstitutionally imposed by the Northern Virginia Transportation Authority.  The Associated Press has the most devastating quote (via WJLA, emphasis added):

In a unanimous opinion, the court said legislators improperly delegated taxing powers to the unelected members of the Northern Virginia Transportation Authority. The ruling invalidates about $300 million in bonds financed by the taxes. Justice Bernard S. Goodwyn wrote that “the General Assembly has failed to adhere to the mandates of accountability and transparency that the Constitution requires when the General Assembly exercises the legislative taxing authority permitted by the Constitution.”

While the ruling directly wiped out the NVTA’s taxes, its language is broad enough to invalidate the Hampton Roads taxes, too.  HRTA acting chief Art Collins practically had an aneurysm (Virginia-Pilot via Bearing Drift, emphasis added):

“The ruling means that we don’t have an authority,” said Art Collins, acting executive director of the Hampton Roads Transportation Authority. “We just went back 12 years in planning. We now have no valid transportation plan. It’s just nuclear. That’s the only way you can describe it.”

This is a fantastic day for all Virginians, but especially those in the affected regions who no longer have to suffer these onerous taxes.

The highest praise is for those who never gave up fighting this thing – such as Bob Marshall, who was among the plaintiffs in the lawsuit that led to his victory.  Also deserving praise is the old Loudoun County Board of Supervisors for joining the suit (it should be noted that the Board did so unanimously, with everyone from Eugene Delgaudio to Lori Waters to Scott York stepping up to the plate here).  If memory serves, Paul Jost (or the Club for Growth) and Dick Black were also plaintiffs in some form.

Then there were the bloggers; I doubt any one of us convinced a soul among the esteemed justices, but we did our part to keep the issue alive long after the powers that be insisted it was “over.”  I especially want to thank Jim Bowden, who not only brought me up to speed on this issue with his numerous posts and emails, but also (though probably not intentionally) delayed his response for a few hours and allowed me to grab the mantle as the first blogger to attack HB3202 from the right.

Remember this day: February 29, 2008.  This was the day Virginians were reminded that accountability and the republican form of government is not dead after all.

UPDATE: Pat McSweeney, who represented Marshall et al in the lawsuit, put it best (Washington Times): “People who are not elected don’t get to tax you anymore.”