Schlichtmann suit denied injunctions over tolls for Boston Big Dig

Saying the plaintiffs look unlikely to prevail on the merits of their case a judge in Massachusetts has denied them an injunction against the Massachusetts Turnpike Authority.

The law suit joined by some 2300 Turnpike users and organized by class action lawyer Jan Schlichmann claims that use of Turnpike toll revenues to maintain and service the debt of the untolled Big Dig project makes such tolls into taxes, which are therefore, the suit claims, illegal and unconstitutional.

The Turnpike Authority argued that any injunction would cause a financial crisis requiring them to withhold essential services and even shut down major segments of their roadways.

Judge HJ Smith of Middlesex Superior Court bought that argument writing: "In view of the logistical problems that cutting highway services and/or diverting motor vehicle traffic would cause for an overwhelming segment of the general public, the court cannot say that the requested relief either promotes the public interest or would not adversely affect the public."

Schlichmann says he'll take the matter to an appeals court.

TOLLROADSnews 2009-08-18