Representatives of Kansas City's downtown streetcar district today filed a reply to last week's lawsuit challenging the streetcar taxes.
That lawsuit by two downtown property owners sought to halt collection of new property and sales taxes for the streetcar project, arguing they constituted "taxation without representation" and illegal "stacking" of two different transportation taxes.
Today's filing says a Jackson County judge already addressed the substantive issues concerning the election for the streetcar taxes.
"In 2012, the Honorable Charles E. Atwell found that the proposed Kansas City Downtown Streetcar Transportation Development District was not illegal or unconstitutional and that the proposed funding methods and mechanisms were neither illegal nor unconstitutional," today's motion says. "Plaintiffs' failure to file an Answer in the proceedings before Judge Atwell, or to file an appeal as permitted by statute, bars Plaintiffs' lawsuit."
The downtown streetcar district asks for an expedited court hearing on the lawsuit, saying the plaintiffs' "failure to make timely claims, and their decision to file this untimely lawsuit just prior to obtaining issuance of bonds to complete the streetcar project will cause substantial financial damage to the district and others."
"Under the clear statutory and judicial authorities set forth below," the motion says, "the District requests an expedited decision by this court to dismiss Plaintiffs' meritless lawsuit."