Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff's lawsuit, alleging that defendants' increase in tolls by 35 percent on heavy trucks traveling over Indiana Toll Road violated Commerce Commission, since said tolls discriminated against interstate commerce. Record showed that State of Indiana received $1 billion from third-party that operated Toll Road for right to raise tolls by 35 percent on heavy trucks, and Dist. Ct. could properly find that State of Indiana, as market participant as opposed to regulator, is exempt from rules ordinarily applied through commerce jurisprudence. Moreover, under Hughes, 426 U.S. 794, where, as here, state participates in marketplace, it is entitled to discriminate in favor of its own citizens. Ct. further found that: (1) instant toll increase is valid, even if treated as discriminatory against interstate commerce; (2) instant per-mile tolls are neutral with respect to truck's ownership since citizens of Indiana also pay said tolls to travel over Toll Road; and (3) plaintiffs are free to use non-toll roads to travel through Indiana.
Federal 7th Circuit Court
Civil Court
Commerce Clause