Appeals Courts Decision

Today the North Carolina Appeals Court provided their written opinion on our lawsuit.  In summary, the court found that:

(1) delegating the unfettered right to set tolls to a private company on public infrastructure is an appropriate delegation of authority;

(2) 50 years of private tolling serves a public purpose;

(3) the project does not reduce the number of general purpose lanes because the contract says it does not; and

(4) tolls are not taxes. The court did not mention the fact that a portion of toll revenues are to be paid to the state as required by the P3 statute, nor did they mention the fact that the contract sets a threshold for revenue sharing so high it constitutes a de facto elimination of revenue sharing thereby violating the P3 statute.

We are deeply disappointed  by these decisions.

Widen I-77 will meet as a group and discuss our next options.

 

https://appellate.nccourts.org/opinions/?c=2&pdf=35124

 

 

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