High Court Skips ‘Discriminatory Tax’ Indiana Toll Road Case

Independent truckers’ years-long battle to unwind what they claimed were discriminatory taxes created after Indiana’s $3.8 billion, 75-year lease of a toll road ended Tuesday with the U.S. Supreme Court denying the haulers’ appeal.

The justices declined to take the Owner-Operator Independent Drivers Association’s case alleging that increased fees for the 156-mile Indiana Toll Road discriminate against out-of-state taxpayers violate the dormant commerce clause, a constitutional theory that prohibits states from disproportionately taxing out-of-state businesses.

Both a federal district court and the U.S. Court of Appeals for the Seventh Circuit ruled for Gov. ...