Today it was revealed the United States Supreme Court will hear the Kentucky municipal case, Department of Revenue v. Davis, 06-666. The justices will review the case in the nine month term that begins in October.
According to a Bloomberg report:
The justices delayed a decision on hearing the Kentucky dispute until they ruled in a fight over two New York counties that require trash to go to designated, publicly owned facilities. The court on April 30 upheld the rules on a 6-3 vote, rejecting arguments by haulers who said they were illegally barred from shipping to out-of-state sites with lower fees.
Both cases center on the so-called dormant commerce clause, a court-created rule that bars states from discriminating against out-of-state business without congressional authorization.
The case also raises questions about state tax treatment of college savings funds, said Leonard Weiser-Varon, a lawyer specializing in public finance at Mintz Levin in Boston.
A discussion on the trash hauler case can be found at the bottom of an earlier post (here).
Municipal Bond Tax Breaks Draw High Court Scrutiny
By: Greg Stohr
May 21, 2007