Legal Opinion
American Trucking Ass'n v. Commonwealth, Transportation Cabinet
Kentucky Supreme Court
Decided September 13, 1984PublishedCited by 19 opinions
1Opinion of the Court
VANCE, Justice.
These two appeals arise from a challenge to the constitutionality of provisions of Chapter 138 of the Kentucky Revised Statutes which imposed a “weight-distance” tax upon private carriers and a challenge to the validity of regulations adopted by the Transportation Cabinet for the administration of the Act.
A question as to the validity of a regulation which authorized per diem charges to be assessed against carriers in the event they elected to have audits of their records performed outside the Commonwealth of Kentucky was severed, by agreement, from the other constitutional…
2Cases cited9 opinions
- Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
- International Harvester Co. v. EvattSupreme Court of the United States · 1947
- Capitol Greyhound Lines v. BriceSupreme Court of the United States · 1950
- Aero Mayflower Transit Co. v. Georgia Public Service CommissionSupreme Court of the United States · 1935
- Morf v. BingamanSupreme Court of the United States · 1936
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3Cited by19 opinions
- Yanero v. DavisKentucky Supreme Court · 2001
- Davidson v. American Freightways, Inc.Kentucky Supreme Court · 2000
- Caneyville Volunteer Fire Department v. Green's Motorcycle Salvage, Inc.Kentucky Supreme Court · 2009
- Flynt v. CommonwealthKentucky Supreme Court · 2003
- Commonwealth v. HalsellKentucky Supreme Court · 1996
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