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Any news on the OR rebate lawsuit?

Discussion in 'Northwest' started by Thomas Edison, Jun 30, 2018.

  1. Thomas Edison

    Thomas Edison Active Member

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    I haven't been able to find anything recently.
     
  2. N8Howell33

    N8Howell33 Member

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    The case was ruled on in I believe March but the decision has yet to be released as far as I understand it.
     
  3. wagonwheel

    wagonwheel Member

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    If anyone is interested, the oral arguments that were made before the Oregon Supreme Court by the State and AAA Oregon/Idaho can be watched here, beginning at the 3:00 mark: AAA Oregon/Idaho Auto Source, LLC v. State of Oregon

    The Oregon Supreme Court opinions can be viewed at the following site by clicking on the Supreme Court "Most recently released" opinions link. At this time, they have yet to release an opinion on this case.
    Oregon Judicial Department : Publications Program of the State of Oregon Law Library : Publications : State of Oregon
     
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  4. wagonwheel

    wagonwheel Member

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  5. N8Howell33

    N8Howell33 Member

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  6. wagonwheel

    wagonwheel Member

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  7. N8Howell33

    N8Howell33 Member

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    I saw that this morning. It was hard to decipher but the way I read it they ruled it not a tax aka we get rebate.
     
  8. Rocky_H

    Rocky_H Active Member

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    Wow, that is some fine slicing on detailing the legal ramifications of the wording. They describe (page 419-420) how the provision saying a tax must be used for roads says it applies when the tax is "on the ownership, operation, and use" of motor vehicles. They point out that in a different section about fuels, they talk about "the storage, withdrawal, use, sale, distribution, importation or receipt" of fuels.

    They point out the long standing legal principle that if a word is included in one place but excluded in another similar place, it must be interpreted that it was left out on purpose. So they say since the tax on "sales" was left out of the section of tax that must go to road maintenance, then it does not apply.
     

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