Transfer of Dulles Toll Road To Airport Agency Is Upheld

A state judge in Richmond dismissed a lawsuit yesterday that had challenged the transfer of the Dulles Toll Road to the authority that runs Reagan National and Dulles International airports, clearing the way to use toll revenue for an extension of Metrorail to Dulles.

Virginia Transportation Secretary Pierce R. Homer said the transfer of control from the state to the Metropolitan Washington Airports Authority could occur by the end of the year, along with an expected announcement of a funding agreement from the Federal Transit Administration.

If the court had voided the transfer, it would have put the Metrorail extension in jeopardy. The transit administration is deciding whether to fund $900 million of the $5.2 billion project, and a legal ruling against using toll revenue could have cast doubt on the federal portion.

"This is a very good decision, and we are just very excited to move forward on this project," Gov. Timothy M. Kaine (D) said. "We had to get this one resolved, and I look forward to working with the FTA on the full-funding grant agreement. But I feel good about this. This is just so important to the region."

The lawsuit was filed on behalf of two toll road users who said Kaine violated the state constitution when he announced plans, without General Assembly action, to transfer the state-owned Dulles Toll Road to the airports authority, which intends to raise tolls and put the proceeds toward the cost of the rail line.

In a one-paragraph decision, Circuit Court Judge Margaret P. Spencer said the plaintiff's legal complaints about the transfer were "without merit" because tolls are not taxes or revenue of the commonwealth.

"My reaction is that I don't agree," said Patrick McSweeney, attorney for the toll road users. He said he would consult with his clients about possibly appealing Spencer's ruling.

It is the second time that Spencer has thrown out the suit. She ruled in March 2007 that the state was protected by sovereign immunity. But the Virginia Supreme Court ordered the case reinstated and decided on its merits.

The first phase of the Dulles rail project calls for the construction of a Silver Line from the East Falls Church Station in Arlington County to Wiehle Avenue in Reston. That would include four stations at Tysons Corner. The second phase, scheduled for completion in 2015, would extend from Reston to the airport and into Loudoun County. The project would cost about $5 billion, with the money coming from the expected federal share, two special taxing districts along the proposed rail line and toll-road revenue.

The transit administration has rejected the project once, citing cost and concerns about the airports authority's ability to manage it. But recent negotiations have indicated that the federal agency would pay its share.

"This is an important step forward," Homer said, referring to the court ruling. "This project is going to happen."