Appeals court dismisses gas tax lawsuit

A Missouri appeals court has ruled a state gas tax increase question intended for the November ballot cannot undergo a court review until after the election.

Opponents of the measure, which would increase the state’s gas tax by 10 cents per gallon over four years, appealed a Cole County circuit judge’s dismissal of the case last month. In an opinion released Tuesday, the Missouri Court of Appeals-Western District ruled the provision of the state constitution requiring laws have a single subject and clear title does not apply to referendum petitions, which are placed on a ballot by lawmakers.

The court ruled the case cannot be reviewed before the election, but dismissed the claim without prejudice, meaning it can be brought back before judges at a later date.

The measure had been challenged by state Rep. Mike Moon, R-Ash Grove, and lobbyist Ron Calzone. State lawmakers voted in May to put the measure on the ballot. The tax revenue would go to the Missouri State Highway Patrol, freeing up money for road and bridge construction. Language was added before a final vote on the bill that would create a tax break for Olympic medalists, prompting the lawsuit.