OOIDA and NMA to appeal dismissal of suit challenging legality of PA Turnpike tolls

In the opinion, the judge acknowledged that plaintiffs’ complaint “credibly alleges that Pennsylvania’s policy decisions related to transportation have resulted in a statutory scheme that disproportionately burdens Turnpike travelers with the costs of a state-wide transportation system that is of no direct benefit to them.” “It’s pretty clear she understands the situation,” said Todd Spencer, president of OOIDA. “But she also stated quite clearly that no definitive controlling precedent supports either side.” “It appears to us that she chose to apply a standard from a Supreme Court case from back in 1970 that focused on burdens imposed under a state’s regulations about agricultural products, rather than a standard from more recent in Supreme Court cases that spoke directly to user fees, which is what the tolls are in Pennsylvania,” he said. The association says the case is now poised for review by the Third Circuit Court of Appeals…