Supreme Court declines to take up fuel tax legal challenge

JEFFERSON CITY, Mo. — The measure seeking an increase to Missouri’s fuel tax will be on the November ballot, with a legal challenge hitting an end.

On Tuesday, The Missouri Supreme Court denied transfer from the Missouri Court of Appeals-Western District of the case filed by Ron Calzone and Rep. Mike Moon. This move ends pre-election litigation leaving the decision to adopt the measure in the hands of voters.

The lawsuit alleged that the final version of House Bill 1460 did not adhere to the original purpose and intent of the bill and included more than a single subject.

The referendum, known as Proposition D, was approved in the closing hours of the 2018 legislative session. In the final days of the session, lawmakers added the fuel tax increase and a bottleneck fund to the bill that dealt with tax deductions for Olympic medals.

While the lower court ruled the procedures used to place the referendum on the ballot did not violate the Missouri Constitution, the Court of Appeals-Western District stated the “case is not ripe for pre-election judicial review.”

With the Supreme Court denying to take on the case, the appeals court decision stands which ends the court challenge at this time. If the measure is passed by voters, then, according to the ruling, the case would be ripe for review.

“The Missouri Supreme Court’s order adds finality to a series of court rulings consistently supporting letting Missouri voters decide on Proposition D for Safer Roads and Safer Streets, and our growing statewide coalition is pleased by the action of Missouri’s highest court,” said Scott Charton, spokesman for, the statewide coalition that is supporting Proposition D.

Leave a Reply

Your email address will not be published. Required fields are marked *