So-Called “Driveway Tax” Deemed Illegal by Kan. Attorney General

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MISSION, Kan. - The Kansas Attorney General, Derek Schmidt, says the so-called "driveway tax" in Mission, Kan. is not allowed by state law.  The Transportation Utility Fee (TUF) charges businesses and homeowners based on the amount of traffic coming in and out of their driveways.

Attorney General Schmidt says Kansas law doesn't allow that.  Businesses have fought the fee since it was first proposed, and say the Attorney General's opinion is a big victory.

"It's bad for business, the attorney general says it's not right, it's illegal," says Steve Schowengerdt, a former City Council member.  "Here in Mission, the businesses and the community work together, and it takes both of them to make it work, so yeah, it's a great, great victory," Schowengerdt continues.

The Mayor of Mission says the City Council is looking over the Attorney General's opinion, which is not binding.  She says she's not ready to make an official statement yet, but she maintains she doesn't believe the fee is a tax.

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