Jan 4, 2008 6:46 pm US/Eastern
Lawmakers' Lawsuit Over Taxes Heard In Court
WESTMINSTER, Md. (WJZ) ―
Maryland Republican lawmakers' lawsuit to try and overturn new state taxes is being heard in a Carroll County court.
Suzanne Collins reports it's being argued the Maryland constitution was violated when those tax increases were passed in November.
It's a technicality they are arguing. But the Republicans who are bringing the suit say the disregard for law highlights an abuse of power for Democratic leadership intent on ramming the tax increase through.
"This is actually an attempt to make sure that we have transparent government, that we have integrity in our government and that the rule of law is kept," said Senator Allan Kittleman.
Republicans fought a $1.3 billion tax increase passed by an overwhelmingly Democratic General Assembly in November. But the measure passed and Governor Martin O'Malley signed it.
The new sales tax took effect Thursday. In hopes of reversing all the new taxes, Republicans filed suit.
They say rules were violated so all legislation passed after that, including the tax increase, should be null and void.
The legal argument is technical. They argue the Senate took a five-day break during the special session, but didn't get proper approval of the House. The state constitution requires it.
The attorney general's office is arguing that's ridiculous.
"They did not blatantly not follow the provisions of the constitution. That's what this case is all about on two occasions," said Delegate Christopher Shank.
Several Republican lawmakers tell Eyewitness News the issue is bigger than the tax increase. They say it goes to the integrity of government and rule of law. They say their rights as a minority party were trampled.
House of Delegates chief clerk Mary Monahan has been questioned by the GOP lawyer about a backdated letter that gave the required approval. The GOP delegates say they never voted on that or gave approval.
The attorney general says there wasn't bad intent or fraud as GOP lawmakers claim, but just pre-approved procedures.
The attorney general's office argued that preventing the tax that is already being collected by court decision would devastate a state in a budget deficit and create chaos for businesses who have instituted the new tax.
The judge says he'll rule as quickly as possible before the legislature meets next week.
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