Pinal County and the Regional Transportation Authority filed a legal response Monday to an injunction request filed by the Goldwater Institute over a transportation sales tax.
The tax and the transportation infrastructure improvements it is meant to fund (Props 416/417) were approved by county voters in November. The Goldwater Institute, a conservative thinktank based in Phoenix, filed suit in December against the county, the RTA and the Arizona Department of Revenue. Plaintiffs are listed as Arizona Restaurant Association, county resident Harold Vangilder and On Sight Shooting owner Dan Neidig.
The suit [read it here] challenges the legality of the tax and also claims it exceeds the county’s authority “by creating a new tax classification.”
“The problem is the tax is so complicated and confusing that nobody really knows what is taxed and how,” Timothy Sandefur, Goldwater vice president, said at the time.
After the defendants filed a response in January, the plaintiffs asked the court for a preliminary injunction, hoping to stop the implementation of the tax on April 1. They said collecting the tax while the suit is still being decided would cause irreparable injury and hardship. [Read the motion here.]
The case is in Maricopa County Superior Court in front of Judge Chris Whitten.
In responding to Goldwater’s motion, the defendants called the claims of voter confusion “apparitional.” The response [read it here] also stated the plaintiffs failed to meet the requirements for injunction.
“This lawsuit is nothing more than a post-election attack by those who failed to convince voters to oppose the transportation tax at the election,” Board of Supervisors Chairman Todd House stated. “The voters spoke clearly about the need for improved transportation infrastructure in the Pinal region last November while also expressing their willingness to pay an additional sales tax that amounts to about $7.33 per month per household.”
There is continuing uncertainty over the legal ramifications if the court does not grant the preliminary injunction to halt the start of tax collection on April 1 but Whitten later rules against the RTA. The county cannot proceed with RTA plans until the case is settled.
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