Va. High Court Says Tunnel Tolls Aren't Illegal Taxes

Law360, New York (October 31, 2013, 4:29 PM EDT) -- The Virginia Supreme Court ruled Thursday that tolls used to fund a $2 billion project that includes a new tunnel between Portsmouth and Norfolk, Virginia, are permissible user fees and not unconstitutional taxes, paving the way for a $2 toll starting in February 2014 on two existing tunnels.

In approving the new fees, the state high court overruled a May decision by state circuit court Judge James A. Cales Jr. that found the tolls unconstitutional because the Virginia General Assembly could not delegate toll-rate-taxing authority to the...
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