Citizen’s Group ‘Widen I-77’ Files Complaint To Halt Toll Project
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CHARLOTTE, N.C. — Widen I-77, a citizen’s group that opposes a proposed toll lane, filed a complaint Tuesday to prevent the planned traffic project from occurring.
The 12 count complaint asserts that the project would violate state law by converting an existing stretch of general purpose lane into a toll lane, and would amount to taxation without representation due to the N.C. Department of Transportation collecting a percentage of the revenues from the tolls.
“We think sending a percentage of revenue to the government is a tax,” Widen I-77 said on its website. Essentially, the North Carolina Constitution allows for taxation by legislature and not government agencies.
“In the current scenario, we have an unelected bureaucracy negotiating a de facto tax rate with a private company. We call that taxation without representation. Ultimately, of course, that’s for the courts to decide.”
The Widen I-77 complaint names the N.C. Department of Transportation, the state of North Carolina, and I-77 Mobility Partners LLC, a subsidiary of Spain based Cintra Infraestructuras, as defendants. The lawsuit seeks not only preliminary, but permanent injunctions against the project as well.
In a statement, I-77 Mobility Partners spokeswoman, Jean Leier said,
“I-77 Mobility Partners is proud to be have been selected by NC DOT to deliver traffic mobility solutions and choices in travel to motorists of the greater Charlotte region,” and that they would not comment on pending litigation.
The statement went on to say, “This project will assist the area by providing traffic congestion relief, continuing economic viability to an important corridor, and creating local employment with nearly 10,000 direct and indirect jobs anticipated and up to 100 local North Carolina firms expected to participate during construction.”
The state Department Of Transportation also responded with a statement to the Widen I-77 complaint:
“NCDOT and I-77 Mobility Partners are continuing to work toward financial close,” the statement said. “The deadline will be extended without penalty, as allowed under the contract, because both parties are working together to complete all requirements. NCDOT will not comment on any pending litigation at this time.
DOT’s statement continued: “The I-77 Express Lanes project will provide a long-term solution to one of the most congested roadways in our state by giving drivers a choice to continue using general purpose lanes for free, use the new express lanes for free with three or more people in the car or choose to pay to use express lanes with fewer than 3 people for a more predictable travel time.
“Through a Public Private Partnership, this solution will be operational in a few years instead of waiting decades, and it will be built at a fraction of the cost to the state.”
The planned construction will add two lanes on I-77 Northbound and Southbound from the Brookshire Freeway in Charlotte to Exit 28 in Cornelius. It will add one lane from Exit 28 to Exit 36.
Estimates on toll costs say that a one way trip could from the furthest point could cost $9 and a return trip could cost more than $11.
Widen I-77 has raised nearly $20,000 from citizens and who support the objection. Vince Winegardner, a Widen I-77 member believes the legal expenses could cost the group $50,000 to $70,000.
