The Virginia Supreme Court Stomps Albo

Talk about a bad two months for Delegate Dave Albo. First, his concealed box cutter law gets killed in committee along with his bill to regulate fireplace smoke, and his push to make it a felony to use an emergency exit after shoplifting (CLICK HERE).

Then, today the Supreme Court of Virginia called his transportation brainchild from last year, HB 3202, an unconstitutional gimmick.

If payment of the regional taxes and fees is to be required by a general law, it is the prerogative and the function of the General Assembly, as provided by Article IV, Section 1 of the Constitution, to make that decision, in a manner which complies with the requirements of Article IV, Section 11 of the Constitution. Accordingly, we hold that the provisions of Chapter 896 permitting NVTA to impose the regional taxes and fees are invalid because they violate the Constitution. See, e.g., Commonwealth v. City of Newport News, 158 Va. 521, 545-46, 164 S.E. 689, 696 (1932). Therefore, such taxes and fees that NVTA has already imposed are null and void. Marshall v. NVTA, Page 22 (Feb. 29, 2008).

In other words - if Delegate Dave Albo wants to impose a tax don't delegate it to some unelected unaccountable body:

HAVE THE COURAGE TO VOTE ON IT YOURSELF

This also comes on the heels of the massive implosion of Delegate Dave Albo's coveted "Abuser Fees."

Remember what Delegate Dave Albo said about this "marvel"?

Del. David B. Albo (R-Fairfax), who helped craft the funding bill, said the plan should resolve concerns of transportation funding for the next 30 years and "could be a permanent fix.""Within a year, people will start seeing improvements to secondary roads, and soon after that, we will probably be turning dirt on some big projects," Albo said. Va. Transportation Bill on Verge of Approval, Washington Post, 4/4/07, B01.

So what do we now have after untold thousands of hours invested in this scheme, hours in courts, hours of negotiations - all to avoid a vote on raising the gas tax for some gimmick that was unconstitutional? Nothing - not a single interchange, lane built, or even a new stoplight for Fairfax County.

So what's your next scheme Delegate Dave Albo?

Also, see the following:

AMG, Delegate Marshall Calls a Spade a Spade
AMG, The Daily Press Sets Albo Straight

AMG, Albo & a Transportation "Stepchild"

AMG, The Albo & Oblon PLLC Abuser Fees Plan Part II
AMG, Albo Hammers Renters Again

AMG, Albo Brings SW Virginia It's Fair Share
AMG, Albo Kicks and Misses Wide Right