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AMERICAN TRUCKING ASSOCIATIONS v. STATE

00C-16242; A117694.

90 P.3d 15 (2004)

193 Or. App. 185

AMERICAN TRUCKING ASSOCIATIONS, INC., a District of Columbia corporation; CRST, Inc., an Iowa corporation; USF Reddaway, Inc., an Oregon corporation; Kenneth E. Mansigh Trucking, Inc., a Washington Corporation; and Veneer Chip Transport, Inc., a Washington corporation, on behalf of themselves and all other similarly-situated weight-distance taxpayers, Appellants, v. STATE of Oregon, Department of Transportation and Director Grace Crunican, Department of Transportation, Respondents, and AAA Oregon/Idaho, an Oregon corporation, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Robert Digges, Jr., admitted pro hac vice, Alexandria, Virginia, argued the cause for appellants. With him on the briefs were Jonathan M. Hoffman, Portland, Justin M. Thorp, and Martin, Bischoff, Templeton, Langslet & Hoffman, LLP, and American Trucking Associations, Alexandria, Virginia.

David E. Leith, Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Scott G. Seidman argued the cause and filed the brief for intervenor-respondent. With him on the brief were Paul W. Conable, and Tonkon, Torp, LLP.

Before EDMONDS, Presiding Judge, and WOLLHEIM and BREWER, Judges.

EDMONDS, P.J.

Plaintiffs, the American Trucking Associations, Inc., and several individual trucking companies, assert that two aspects of the manner in which the state of Oregon taxes heavy trucks that use its highways violate the dormant Commerce Clause of the federal constitution. Those aspects are the flat fee options for certain commodities and the farm truck fuel tax; we describe them in detail below.

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