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Pennsylvania Turnpike Commission

Case Summary

Case Name:

OOIDA, Marion L Spray, B L Reever Transport Inc, Flat Rock Transport LLC, Milligan Trucking Inc, Frank Scavo and Laurence G Tarr v. Pennsylvania Turnpike Commission, In their official capacity: Leslie S Richards, William K. Lieberman, Barry T Drew, Pasquale T Deon Sr, John N Wozniak, Mark P Compton and Craig Shuey

Court Name:

United States District Court for the Middle District of Pennsylvania

Case Filed:

3/15/2018

Allegations

Plaintiffs challenge the constitutionality of the imposition of excessive tolls by the Pennsylvania Turnpike Commission (PTC) on named Plaintiffs and on the members of the putative class of motor carriers, drivers, and motorists operating on the Pennsylvania Turnpike that Plaintiffs seek to represent.

Charges imposed by a government entity on individuals for the use of specific facilities or services provided by the government entity are called “user fees.”

A user fee may constitute an undue burden on commerce when the amount of such fee exceeds a fair approximation of the value of the use of facilities or services conferred or when the fee is excessive in relation to the cost incurred by the government entity in providing the facility or services.

By statute, PTC is directed to provide hundreds of millions of dollars in annual subsidies for non-Turnpike-related state projects and to pay for those subsidies by raising toll rates on Plaintiffs and other users of the Pennsylvania Turnpike.

The tolls imposed by PTC far exceed the value of the use of the facilities or services conferred on the operators of motor vehicles using the Pennsylvania Turnpike and far exceed the costs incurred to operate and maintain the Pennsylvania Turnpike System.

The rate of tolls imposed by PTC is established expressly to underwrite Commonwealth expenses supporting facilities having no functional relationship to the operation, maintenance, or improvement of the Pennsylvania Turnpike.

The tolls imposed upon those who use the Pennsylvania Turnpike are an undue burden on interstate commerce in violation of Article I, Section 8, Clause 3 of the United States Constitution, the Commerce Clause, and an impairment on the right of persons to travel.

Plaintiffs seek declaratory and injunctive relief, damages, and such other relief as this Court may deem appropriate.

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