The Northern Virginia Transportation Authority is preparing for a pivotal challenge to its ability to fund long-awaited projects with more than $300 million in controversial new regional taxes, officials said. Critics, including the Loudoun County Board of Supervisors, are prepared to argue the NVTA does not have the constitutional right to impose the taxes under the Virginia Constitution.
Rather than face a future lawsuit that could upend transportation projects already under construction, NVTA asked for a Monday trial in Arlington County Circuit Court that the authority hopes will validate its right to issue bonds that will be paid by the taxes.
The two-day legal proceeding could answer those concerns before the taxes are levied and the roadwork begins on schedule next year.
“It is the forum for all relevant legal challenges relating to the NVTA the statute the projects the revenue sources and the bond issuance documents,” said David Snyder, a Falls Church City council member who heads the NVTA’s legal committee.
“We are hopeful for a positive decision so that we can begin to deliver what the voters, taxpayers and commuters want, which are solutions to the transportation crisis,” he said.
While Gov. Tim Kaine and Attorney General Bob McDonnell have sided with the NVTA, critics including state Del. Bob Marshall say the 16-member board cannot impose taxes on jurisdictions without their approval.
“We’re arguing on behalf of the people,” said Loudoun County Supervisor Eugene Delgaudio. “We are for the most part looking at the very finite angle of permission. Our permission has not been given.”
It’s a strong argument, Delgaudio said, because the unelected regional body voted to impose the taxes without the approval of Loudoun County’s board.
The new taxes include levies on home sales, hotels, rental cars, car repairs and fees on car registrations and inspections.
