Legal Opinion

American Trucking Associations, Inc. v. State

Oregon Supreme Court

Decided December 15, 2005No. CC 00C16242; CA A117694; SC S51622, S51623PublishedCited by 1 opinion

1Opinion of the CourtDe Muniz, J.

The issue in this case is whether the Oregon “flat fee” highway tax alternatives that are available to heavy trucks hauling certain commodities in either interstate or intrastate commerce violate the Commerce Clause of the United States Constitution. American Trucking Associations, Inc., and several other trucking companies (plaintiffs) sought a judgment declaring, among other things, that the provisions of ORS 825.480(1), (4), and (5) 2 that offer a flat-fee tax option to certain non-farm-use carriers, as well as similar provisions for farm-use trucks, violated the Commerce Clause.…

2Cases cited25 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  3. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
  4. Quill Corp. v. North Dakota Ex Rel. HeitkampSupreme Court of the United States · 1992
  5. Container Corp. of America v. Franchise Tax BoardSupreme Court of the United States · 1983

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3Cited by1 opinion

  1. Hendrickson Trucking, Inc. v. Oregon Department of TransportationCourt of Appeals of Oregon · 2015

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