Ruling Raises Worries About Local Boards

Kaine and others involved in the case decided not to ask the Supreme Court to reconsider its ruling. Local and state lawmakers who want to clarify whether the court ruling applies to unelected boards said they might not know until another court case provides more clarity.

But many are looking to Kaine's office or Attorney General Robert F. McDonnell (R) for guidance.

"It is one of several issues we are discussing in the aftermath of the ruling," Kaine spokeswoman Delacey Skinner said.

The attorney general's office, which represented Kaine and the General Assembly in the transportation lawsuit, does not represent regional authorities and is not looking into how the case could affect them.

J. Tucker Martin, McDonnell's spokesman, said that in the past 28 years, the Supreme Court has repeatedly upheld the validity of fees when "the amount of revenue raised is reasonably related to the value of the service provided."

The court reaffirmed that position in 2006, he said.

Some legislators said Tuesday that they might need to discuss the potential problem later, perhaps at a special legislative session.

"I've read the [Supreme Court] opinion," said House Majority Leader H. Morgan Griffith (R-Salem). "I think the opinion raises many issues that we will have to look at over the next several months."

The concern about the unelected boards comes as legislators are trying to finish their regular session, which has been extended twice to complete work on the state budget.

The House and Senate are scheduled to return to Richmond on Thursday to pass a two-year, $77 billion spending plan.