Va. DOT Can't Set Tolls For $2B Tunnel, Judge Rules

Law360, New York (May 3, 2013, 2:06 PM EDT) -- A Virginia judge on Wednesday threw out a contentious toll plan to help fund a $2 billion tunnel project, ruling that the Virginia Department of Transportation couldn't set toll rates without explicit guidance from lawmakers.

Judge James A.  Cales Jr. said in a bench ruling that the General Assembly violated the state constitution by delegating the legislative power of taxation to the VDOT, an unelected entity, according to court documents. The decision throws out a toll plan that had been set in place last year to...
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