BRADENTON, Fla. - An anti-toll organization in North Carolina has asked a judge to proceed with its lawsuit in an attempt to stop work on Interstate 77.
Widen I-77, a group that wants the interstate to be widened with free lanes, announced May 26 that it has formally requested that Superior Court Judge Osmond Smith schedule a jury trial before construction begins on the $648 million, I-77 express toll lane project.
The North Carolina Department of Transportation announced May 20 that work would begin this summer after finalizing financial documents for the public-private partnership agreement with concessionaire I-77 Mobility Partners.
The work schedule was released after closing occurred on $100 million of private-activity bonds as part of the financing for the project. The deal also includes a $189 million subordinated loan through the Transportation Infrastructure Finance and Innovation Act, a $91.4 million contribution from NCDOT, and $249.8 million in equity from I-77 Mobility sponsors Cintra Infraestructuras S.A. and Aberdeen Global Infrastructure II LLP.
Widen I-77 filed a 12-count complaint in January seeking a preliminary and permanent injunction and a jury trial in hopes of stopping the project on various grounds, including that the group would be irreparably harmed from violations of the state constitutional related to the state's 50-year, P3 concession agreement. The injunction was not granted.
"The judge in the case did not want to set a trial date until after financial close, as failure to achieve financial close would have preempted the need for litigation," Widen I-77 said in a recent email to The Bond Buyer. "North Carolina and Cintra have weighed the risks and obviously decided it is in their interest to proceed."
Widen I-77 attorney Matthew Arnold told the judge in a May 22 letter that since financial closing has occurred for the project, "It makes the most sense, if possible, to have the permanent trial in this matter before construction begins."
