Articles Posted in Transportation Law

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In 2010, the City of Mission passed a Transportation User Fee (TUF), which is assessed on all developed real property based on a formula that estimates the number of vehicle “trips” a particular property generates. The revenue raised by the TUF is used for the maintenance and upkeep of the City’s streets. Plaintiffs challenged the TUF as an impermissible excise tax levied by the City in violation of Kan. Stat. Ann. 12-194. The district court granted summary judgment to Mission. The court of appeals reversed, concluding that the TUF is an impermissible excise tax. The Supreme Court affirmed, holding that Mission is prohibited from levying the TUF because the City’s TUF is an excise tax that does not meet any of the exceptions in section 12-194. View "Heartland Apartment Ass'n v. City of Mission" on Justia Law

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The Kansas Corporation Commission (KCC) issued a show cause order alleging that Bartlett Grain Company solicited for-hire motor carriers who violated several motor carrier safety laws. Bartlett answered the show cause order, contesting the KCC's jurisdiction over it with respect to its hiring of third-party motor carriers. Upon reconsideration, the KCC found it had jurisdiction over Bartlett to proceed. On review, the district court affirmed. Bartlett appealed, and the KCC stayed the ongoing agency proceedings pending judicial review. The Supreme Court transferred the case to its court on its own motion. Before considering the merits of the jurisdictional issue, the Court first addressed the issue raised sua sponte by the Court, i.e., whether the agency's order finding it had jurisdiction over the substantive violations alleged in the show cause order was a final agency action subject to judicial review. The Court held that the action from which Bartlett appealed was a nonfinal agency action and, therefore, dismissed the appeal for lack of jurisdiction. View "Bartlett Grain Co. v. Kansas Corp. Comm'n" on Justia Law