Dulles Toll Road transfer challenged in state's highest court (VA)

The Washington Times ^ | 4-16-08 | Larry O'Dell

[JZelle]

RICHMOND — The same court that two months ago struck down Virginia's regional transportation-financing plans is now 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 says the transfer would violate the state constitution because it wasn't approved by the General Assembly.

Richmond Circuit Judge Margaret P. Spencer dismissed the lawsuit in March 2007, ruling that the state has sovereign immunity against such claims. Plaintiffs Patrick R. Gray and James W. Nagle appealed, and a decision is likely in June.

In February, the court unanimously ruled that the state improperly delegated taxing power to the Northern Virginia Transportation Authority, which is not elected by the residents. The decision essentially gutted the General Assembly'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 also is 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 Washington Dulles International Airport.

The transfer is awaiting federal regulatory approval, said state Deputy Secretary of Transportation Barbara Reese.

"The governor and executive agencies exercise no power not granted by the General Assembly," Mr. McSweeney told the court. "They acted beyond their authorization."

State Solicitor General William E. Thro countered that the plaintiffs were arguing for a sweeping exception to the doctrine of sovereign immunity, which generally shields government decisions from lawsuits.

[goldstategop]

Governments have sovereign immunity. But it doesn't give them carte blanche to authorize and carry out acts beyond the scope of their legal authority. We're a nation founded on the principle of the rule of law. Its binds governmental authorities just as it does individuals.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Ben Ficklin]

Not only what you say, but also, free roads are a constitutional and God-Given right.