Amici Curiae: National Conference of State Legislatures and the American Road & Transportation Builders Association ( James J. O'Keeffe, IV ; Abigail E. Murchison ; Gentry Locke Rakes & Moore, Raonoke, on brief), in support of appellants.
Amici Curiae: Virginia Chamber of Commerce, Virginia Transportation Construction Alliance, and Old Dominion Highway Contractors Association ( S. Miles Dumville , Richmond; Reed Smith , on brief), in support of appellants.
Present: KINSER, C.J., MILLETTE, MIMS, McCLANAHAN, and POWELL, JJ., and RUSSELL and KOONTZ, S.JJ.
Supreme Court of Virginia.
OPINION BY Justice LEROY F. MILLETTE, JR.
In this appeal we hold that the General Assembly did not unconstitutionally delegate its power of taxation to the Virginia Department of Transportation ("VDOT") and Elizabeth River Crossings OpCo, LLC ("ERC") under the terms of the Public-Private Transportation Act of 1995, Code § 56-556 et seq. ("PPTA"), and that the Comprehensive Agreement between VDOT and ERC does not abridge the Commonwealth's police power.
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