Local News

Local Attorney Continues Fight Over Road Dollars

Posted December 18, 2006
Updated December 19, 2006

 A local lawyer is suing the state of North Carolina, saying leaders violated state law in 2001 when they used $80 million form the Highway Trust Fund to balance a recession-strained general fund.

"When the people are taxed, the state government has to say what they're going to use it for," said Gene Boyce. "And once we pay it, they have to use it to that purpose and no other purpose."

The Highway Trust Fund is funded in part by fees associated with buying a license plate or renewing vehicle registration. The millions in funding is supposed to go back into road projects.

"The law said these revenues are for the special purpose and the only purpose of building interstate highways, urban loops, city streets and secondary roads."

The governor's office said the trust fund money has been paid back over the years and that there is no loss from what was taken.

A representative for the state Attorney General's Office could not comment on the matter, citing that it is defending the state in court on the matter.

Boyce's case was dismissed in the Wake County courts and the State Court of Appeals but the North Carolina Supreme Court ruled the case has merit, and sent it back to Wake Coutny Superior Court for a hearing next year.

With the overburdened road budget, Boyce said he is not seeking money but simply does not want the trust fund used again for anything other than its intended purpose.

Boyce's practice in North Carolina spans more than 40 years. During that time, he has recovered about $1.4 billion in illegally collected taxes. The state is typically his target.

He has won cases that address state taxes on retirees and stock gains, as well as how disabled veterans receive benefits
2 Comments

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  • jlmkuw Dec 21, 2006

    more power to Gene Boyce. We need more peolple keeping tabs on the government. Lately they have proven that they are a totally incompetent group that does not deem to get anything right. Looks like it is time for some sweeping changes in government. Canada recalled its entire government a year ago, why no9t make all of our politicians earn their jobs back here too. Unless the American people are scared. Oh yeah, that's right, they are scared of just about everything lately. The government and the media have scared the population of just about everything. WAKE UP

  • tarheelblue919 Dec 20, 2006

    first of all our government should not in any way need to get money from nowhere else. its pure ridiculous what taxes the american people pay! taxes from your check taxes on everything you purchase with whats left, vehicle taxes property taxes...come on! this government aint broke nor in need of money! for ex.,government officials such as the president get lifetime benefits paid for by us, then when we get paid we pay for our own and our family, then the co-pays for the medicine and doctor visit itself! if you ask me, i think that taxes should be dropped and the government needs to take financial lessons from the middle man thats hardly got 2 quarters to rub together!!