Judges toss lawsuit against proposed Missouri gas tax hike

JEFFERSON CITY, Mo. � Missouri�s Western District Court of Appeals has tossed out a lawsuit seeking to keep a proposed 10-cent gas tax increase off the Nov. 6 ballot.

Appeals court judges Tuesday ruled the lawsuit challenging the constitutionality of the measure is premature. Judge Victor Howard wrote the lawsuit needs to wait until after the gas tax hike goes before voters.

If approved, the tax increase would pay for road and bridge repairs and fund the highway patrol.

Missouri First director Ron Calzone and a Republican lawmaker sued over the proposal. Calzone said lawmakers unconstitutionally changed the bill�s original intent, which dealt with an Olympic medalist tax break. He said court challenges should be addressed before the state incurs election expenses.

Calzone said they�ll appeal to the Missouri Supreme Court.