Widen I-77 supporters milled around outside the Michael Waltrip Racing meeting room Thursday evening (Jonathan Cox/CorneliusNews.net(
By JONATHAN COX
DavidsonNews.net
CORNELIUS – The leaders of advocacy group Widen I-77 told supporters at meeting in Cornelius Thursday night they’ve raised $30,000 and are pushing their legal fight to halt the NC Department of Transportation’s plan for toll lanes on I-77 north of Charlotte. The groups planned to meet with a Charlotte judge Friday, and they’ve got other tactics in the works, including a visit to the state legislature in Raleigh.
Thursday’s meeting brought about 70 supporters to Michael Waltripp Racing, off I-77 Exit 28 in Cornelius. The groups plans a similar meeting at the Charles Mack Citizen Center in Mooresville on Tuesday, Feb. 24 at 7pm.
The NCDOT has partnered with Spanish construction giant Cintra to add toll lanes from Mooresville to Charlotte. Widen I-77 is seeking a permanent injunction to halt the $655 million project, claiming it illegally delegates state power to a private company.
Because construction on the project could begin later this year, Widen I-77 is seeking a preliminary injunction, which would halt the project until a judge decided on the merits of the case.
“We’re asking for a declaration that the project is unconstitutional, and we’re asking for an injunction stopping the project entirely,” said attorney Matt Arnold, of legal firm Arnold Smith.
Arnold added that the legal team planned to meet with Judge W. Osmond Smith of Mecklenburg Superior Court on Friday to discuss scheduling of a hearing on the preliminary injunction. Usually cases require roughly 18 months from filing to trial, Arnold said, but by seeking a preliminary injunction they can expedite the process.
A crowd of roughly 70 people gathered to listen to group leader Kurt Naas give a presentation and hear about the lawsuit (Jonathan Cox/CorneliusNews.net)
Widen I-77’s legal action against the NCDOT is almost unheard of. According to Widen I-77’s legal team, there have only been two similar lawsuits filed against public-private partnerships to construct toll lanes. So far Widen I-77 has raised roughly $30,000 to pay for its lawsuit. The group’s leadership estimates that the lawsuit could cost $50,000 if it goes to trial.
Along with pursuing legal action, Widen I-77 is taking political action. Widen I-77 leader Kurt Naas said the group is planning a trip to Raleigh to present a petition against the toll lanes to elected officials in the state legislature.
“This is going to require some support from our political officials,” Naas said. Gov. Pat McCrory told the group Thursday he would not be able to meet with Widen I-77 representatives because of the pending lawsuit.
Attorney Matt Arnold (left) and Kurt Naas answered questions during a QA following the presentation (Jonathan Cox/CorneliusNews.net)
Some in the audience, who are suspicious of the I-77 managed lanes deal, raised the possibility that public officials involved in the case had been bribed. “Has there been any sign that there’s been a kickback to anyone?” asked one man.
“I have to answer that as a categorical no,” Naas replied. “I am not aware of anyone receiving any sort of kickback.
Naas also discussed the advantages of an alternative proposal, that would add general purpose lanes to I-77 between mile marker 21 and exit 36. According to a feasibility study conducted by a consulting firm hired by Widen I-77, widening with general purpose lanes would cost between $80-130 million.
While the state claims it doesn’t have money to widen the busy thoroughfare, Naas said the taxpayer contribution for the private toll lanes comes to $88 million – close to the cost of widening the road with general purpose lanes.
Widen I-77 is attempting to get the State Transportation Improvement Plan to allocate funds for the construction of additional general purpose lanes on I-77. “They’ve already said that widening I-77 is critical,” Naas said, “And that’s why they should put it in the state transportation improvement plan.” The STIP funding will be allocated in July.
If Widen I-77’s alternate proposal is to be considered at all, though, it is up to the lawyers from Arnold Smith to prove that the the current deal between NCDOT and I-77 Mobility Partners is unconstitutional. That’s a tall order, said Matt Arnold.
“I don’t think there’s anybody that’s ever fought this fight before,” Arnold said, “so we’ve had to do a lot of learning on the fly, a lot of creative thinking.”
RELATED COVERAGE
Jan. 20, Widen I-77 lawsuit: NCDOT project is unconstitutional
WidenI77.org website, with an announcement and a link to the lawsuit (PDF).
NCDOT page on the I-77 Managed Lanes project
See our past coverage of the I-77 project, sometimes known as high-occupancy toll lanes, under the HOT Lanes tag.
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