Missouri’s Western District Court of Appeals has tossed out a lawsuit seeking to keep a proposed 10-cent gas tax increase off the Nov. 6 ballot.

Appeals court judges on Tuesday ruled that the lawsuit challenging the constitutionality of the measure is premature. Judge Victor Howard wrote that the lawsuit needs to wait until after the gas tax hike goes before voters.

If approved, the tax increase would pay for road and bridge repairs and fund the Highway Patrol.

Missouri First Director Ron Calzone and a Republican lawmaker sued over the proposal. Calzone says lawmakers unconstitutionally changed the bill’s original intent, which dealt with an Olympic medalist tax break. He says court challenges should be addressed before the state incurs election expenses.

Calzone says they’ll appeal to the Missouri Supreme Court.


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