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

 

 

One Response to Appeals Courts Decision

  1. Edward Collins says:

    We need to negotiate improvements in the general purpose lanes. Most importantly connecting the east and west bound To south bound 77 at exit 25 and extending the lane to exit only at south bound exit 23. Extend merging lane southbound at 23 to 485. These two improvements would improve morning commute significantly and would not cost very much.

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