SEATTLE NEWS ARCHIVES & FEATURES

Dori: Sound Transit attorney grilled by state Supreme Court justice

Sep 11, 2019, 4:49 PM

Sound Transit, Sound Transit attorney...

Sound Transit. (Sound Transit photo)

(Sound Transit photo)

Tuesday was a devastating day for Sound Transit — and especially for a Sound Transit attorney — in front of the Washington State Supreme Court.

It’s currently being challenged with a lawsuit, because in Sound Transit 3, the $54 billion law that they passed in 2016, taxpayers did not know their car tabs would go up hundreds of dollars per vehicle.

We knew that the criminally corrupt agency was using a vehicle valuation schedule that severely overvalues our cars and thus overtaxes us.

But now it turns out that Sound Transit was not even using the schedule that it said it would in the tax law. Even the Supreme Court justices said that they had trouble finding what their cars would be taxed as.

Dori: Sound Transit ‘can’t afford’ $30 tabs, but can hire art consultants

“There are two versions of this old depreciation schedule — Sound Transit has claimed that it is using a 1999 version, and that is the version that the Department of Licensing confirms … but the conflict arises because Sound Transit, in drafting the tax authorization for ST3’s car tab tax, says they must abide by the 1996 car tab schedule,” explained Mariya Frost, director of the Coles Center for Transportation at the Washington Policy Center.

In one particular exchange, the Sound Transit attorney was basically saying, “Yeah, we might have broken the law in how this thing was written. But if you take it away now, we’re not going to be able to finish these projects because we’ll lose $15 billion to $18 billion dollars.”

But Justice Steven Gonzalez then cut the lawyer off, asking, “Why is the importance relevant to what the law is here? Why is that relevant?”

The attorney responded, “I think it relates to the fact that the standard of proof is that you don’t rule statutes unconstitutional unless it’s beyond a reasonable doubt.”

So, Sound Transit was saying that since there’s so much money at stake, maybe the court shouldn’t rule their tax unconstitutional.

But Justice Gonzalez absolutely owned this guy. He pointed out that the court would rule the same way, regardless of whether it was one dollar or billions at stake. The court’s standard is always to rule beyond a reasonable doubt.

That was one of the worst arguments I’ve ever heard before the Supreme Court. This has been Sound Transit’s strategy from the beginning.  Basically, “let’s just break ground, and people will say, ‘Well, we can’t abandon it now.’ Even though we did this illegally, you have to let us keep taxing people, or we won’t be able to finish the projects we already started.”

This was one of the best days ever for a Sound Transit critic like me.

“They’ve been arguing this whole time that they have not deceived the public, they have not deceived lawmakers, that it was abundantly clear what we would be taxed on our cars,” Frost said. “And just now in court, they said, ‘It actually doesn’t matter that it was not clear, because that’s not the purpose of this statute anyway.'”

Now, will the justices do the right thing? Will they smack this tax down? Will they start returning the illegally-taken money to us? That remains to be seen.

But for now, Sound Transit is on the ropes. And the taxpayers? We are back in the fight.

Listen to the Dori Monson Show weekday afternoons from 12-3 p.m. on KIRO Radio, 97.3 FM. Subscribe to the podcast here.

Associated Press

Asian shares mostly advance following US midterms, though Kospi falls on selling of chipmakers

Asian shares mostly gained on Thursday after U.S. stocks rallied following the midterm election, with the Dow Jones Industrial Average jumping more than 3% after President Donald Trump’s party lost its sole control of Washington. The price for a barrel of Brent crude oil was trading near $94, around its lowest level in two months. […]

1 hour ago

Pierce County Council candidate Brenda Lykins...

Gee Scott and Ursula Reutin Show

‘They just want good government’: Pierce County Council candidate says voters are tired of us-versus-them politics

Brenda Lykins holds a big lead in the race for the Pierce County Council's District 7 seat.

1 hour ago

Associated Press

Democrat Teresa Benitez-Thompson wins election to U.S. House in Nevada’s 2nd Congressional District

Democrat Teresa Benitez-Thompson won election Wednesday to the U.S. House of Representatives representing Nevada’s 2nd Congressional District, defeating Republican David Flippo. The victory comes in a conservative stronghold that was represented by Republican Rep. Mark Amodei for more than a decade. Benitez-Thompson is a former state Assembly majority leader who had support from labor groups. […]

2 hours ago

Saldaña King County...

KIRO Newsradio staff

Rebecca Saldaña remains far ahead of Toshiko Hasegawa in King County Council race

Rebecca Saldaña holds a 21-point lead in the race for King County Council District 2, with 60% of votes counted in initial results Tuesday.

2 hours ago

Democrat...

Gee Scott and Ursula Reutin Show

‘People’s bills got bigger than their bigotry’: Political analyst explains Democrats’ election surge

MS NOW political analyst Jason Johnson offered a blunt explanation for Democrats’ election gains.

2 hours ago

Kim Schrier...

MyNorthwest Staff

Kim Schrier maintains early advantage over Spencer Meline in WA-8 race

Democratic incumbent Kim Schrier is ahead of Republican Spencer Meline in initial election results for Washington’s 8th Congressional District seat in the U.S. House of Representatives.

2 hours ago

Dori: Sound Transit attorney grilled by state Supreme Court justice