Judge throws out business' lawsuit against streetcar tax

KANSAS CITY, Mo. - A Jackson County judge threw out a lawsuit against the new streetcar tax on Friday.

Two business owners filed the lawsuit in January. The tax was passed in November. The lawsuit, filed by KC Air Filter owner Sue Burke and Grinders owner Stretch Rumaner, claimed the new tax was unconstitutional.

Judge Peggy Stevens McGraw ruled that any challenge to the new law should have been made in an April 2012 lawsuit, when a judge ruled that the neither the Kansas City Downtown Streetcar Transportation Development District nor the funding mechanism for the project were illegal or unconstitutional.

Both the taxing district and project were passed in different elections. McGraw also ruled that any lawsuit against the election results should have been filed within 30 days of the election. Business owners filed this lawsuit 50 days after the election.

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