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Okla. Supreme Court Declines to Hear Fuel Tax Suit (Jun 27, 2011)

OKLAHOMA CITY (AP) — The Oklahoma Supreme Court has declined to decide a lawsuit challenging the Legislature's plan to transfer state fuel tax revenue to state agencies that are not involved in road and bridge construction and maintenance.

Online records indicate the state's highest court declined to assume original jurisdiction of the lawsuit on Monday. The records indicate all nine of the court's justices concurred in the decision.

The lawsuit was filed on June 8 by Oklahoma City attorney Jerry Fent. Fent alleges the Legislature's transfer of $101.7 million in fuel taxes to help balance next year's budget is unconstitutional. The Constitution says "no tax levied and collected for one purpose shall ever be devoted to another purpose."

Fent says he has not decided whether to pursue the lawsuit in a lower court.

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