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VIRGINIA BRIEFING
Dulles Toll Road Transfer Challenge Is Heard
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The same court that two months ago struck down Virginia's regional transportation financing plans is considering a similar case challenging the state's planned transfer of the Dulles Toll Road to the Metropolitan Washington Airports Authority.
The Virginia Supreme Court heard oral arguments yesterday in a lawsuit filed by two Northern Virginia residents against state transportation officials and agencies.
The lawsuit alleges that the transfer would violate the state constitution, because it wasn't approved by the General Assembly.
Richmond Circuit Court Judge Margaret P. Spencer dismissed the lawsuit in March 2007, ruling that the state has sovereign immunity against such claims. Plaintiffs Patrick Gray and Gray Nagle appealed, and a decision is likely in June.
In February, the state's high court ruled unanimously that the state improperly delegated taxing power to the Northern Virginia Transportation Authority, which is not elected by the citizens. The decision essentially gutted the state's 2007 transportation funding plan.
That ruling was one of several that Patrick McSweeney, attorney for the plaintiffs, cited in arguing that the Dulles Toll Road transfer is also unconstitutional.
Under the 50-year deal, the airports authority would operate the road and collect tolls, some of which would be spent on construction of a 23-mile Metrorail extension to Dulles.
-- Associated Press
